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Ninth Circuit upholds state water quality program: in separate lawsuit, court also approves federal TMDL for river. (Legal Digest).

Publication: California Planning & Development Report
Publication Date: 01-JUL-02 		Format: Online - approximately 1069 words
Delivery: Immediate Online Access

Article Excerpt
Two rulings by the Ninth U.S. Circuit Court of Appeals regarding the setting of permissible pollution levels in surface waters offer a mixed review of the issue.

Both cases involve the establishment of total maximum daily loads (TMDLs) as mandated by the Clean Water Act. In the first case, the court ruled against environmentalists who sued to force the federal government to set TMDLs for California because the state was slow to do so. But one month later, a different panel of Ninth Circuit judges ruled that federal regulators could establish a TMDL for the Garcia River in Mendocino County.

Section 303(d) of the federal Clean Water Act mandates the TMDL process, which requires states to identify all bodies of water that do not meet water quality standards, and then create TMDLs for them. A TMDL calculates the total amount of a pollutant a river or lake can accept and still meet water quality standards. A TMDL is supposed...

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