Last week, the First Circuit Court of Appeals rejected the Conservation Law Foundation’s argument that EPA’s acceptance of TMDLs in Rhode Island and Massachusetts 
carried with it a concomitant obligation to require permits of landowners contributing to violations of the TMDLs. Easy cases make good law.
CLF’s position was simple. EPA’s approval of the TMDLs meant that EPA had determined that stormwater controls are needed. … More
On Monday, the 9th Circuit Court of Appeals ruled that EPA does not have an obligation to amend PSD regulations for a criteria pollutant within two years of revising the National Ambient Air Quality Standard for that pollutant.
WildEarth Guardians had sued EPA under section 304(a)(2) of the Clean Air Act, which authorizes suits against the Administrator for a failure “to perform any act or duty … which is not discretionary….”
What was the basis for the alleged nondiscretionary duty? … More