On September 13, 2013, the United States District Court for the Middle District of Pennsylvania upheld the U.S. Environmental Protection Agency’s (USEPA) authority to establish a final total maximum daily load (TMDL) for the 64,000 square foot Chesapeake Bay Watershed. A TMDL is an informational tool utilized by USEPA and states to coordinate responses to excessive pollution in order to meet applicable water quality standards. The final Chesapeake Bay Watershed TMDL allocates pollution loads among various sectors including point and non-point sources from agriculture, wastewater, storm water, forests and other runoff in Maryland, Virginia, Delaware, the District of Columbia, New York, Pennsylvania and West Virginia.
In a 99-page decision, the court granted summary judgment to Defendant USEPA and several intervening environmental and public interest groups. The court summarized the three-decade history of efforts to improve the ecological health of the Chesapeake Bay and the public process used by USEPA to determine the TMDL allocations. Despite challenges facing USEPA and the states, the court described the TMDL process as "collaborative, cooperative federalism". It rejected arguments from Plaintiff American Farm Bureau Federation and others that USEPA had surpassed its authority and acted unreasonably to coerce state participation in the TMDL planning process.
This article is presented for informational purposes only and is not intended to constitute legal advice.
