Farm Bureau Effort to Thwart Bay Cleanup Progress Rejected by Third Circuit

by Evan Isaacson | July 31, 2015

Recently, the U.S. Court of Appeals for the Third Circuit affirmed the 2013 decision of the U.S. District Court for the Middle District of Pennsylvania that EPA did not exceed its Clean Water Act (CWA) authority in issuing the total maximum daily load (TMDL), or pollution diet, for the Chesapeake Bay.  The ruling affirmed the legality of the nation’s most ambitious TMDL and, more broadly, it also rejected the plaintiffs’ exceedingly narrow view of TMDLs.

As presented in a recent case brief, CPR Member Scholars Emily Hammond, Dave Owen, and Rena Steinzor and I argue that this decision is a good example of how judicial deference can protect important agency efforts to protect the environment.  According to brief co-author Rena Steinzor, “The Third Circuit provided resounding support for ongoing efforts to restore the Chesapeake and for EPA’s authority to work with states to adopt broad and protective TMDLs for impaired waters across the country.” Nonpoint sources of pollution – particularly from agriculture – are the primary cause of impairment in the Chesapeake Bay and in many water bodies across the country.  And TMDLs can be the perfect tool to address the problem – if EPA and the states embody the spirit of “cooperative federalism.” 

According to case brief co-author and CPR Scholar Emily Hammond, "The bottom line is that--with the court's sound logic and appropriate deference to EPA's interpretive authority--we can now get on with ...

Two Interesting Things About the Chesapeake Bay TMDL Decision

by Dave Owen | July 07, 2015
In a blog post yesterday, Todd Aagaard provided a quick summary of yesterday’s Third Circuit decision rejecting the Farm Bureau Federation’s challenge to the Chesapeake Bay TMDL.  This is an interesting and important case, and it will take a while to digest.  But just based on a preliminary read, a few issues seem particularly interesting and important. What does TMDL mean?  The Third Circuit interpreted section 303(d) in a way that seems to afford EPA—and the states—discretion in determining the ...

CPR's Steinzor on the Third Circuit Court's Decision to Uphold the Chesapeake Bay's TMDL Program

by Rena Steinzor | July 06, 2015
The Third Circuit’s decision today is a tremendous victory for the elusive goal of restoring the Chesapeake Bay to the point that it is ecologically healthy.  As the Third Circuit made clear, the Farm Bureau’s relentless and self-serving opposition to EPA’s leadership in this area misreads the law.  Strong federal pollution controls are the last hope for the largest estuary in the world and for the millions of people who trek to its shores to enjoy its amazing beauty.  The ...

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