RECENT FEDERAL DECISIONS

June 2002

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Ninth Circuit Finds that EPA Had No Duty to Establish Total Maximum Daily Loads for the State of California
San Francisco Baykeeper v. Whitman, ___F.3d___

In a recent decision, the Ninth Circuit ruled that the United States Environmental Protection Agency (EPA) had no obligation to establish total maximum daily loads (Total Maximum Daily Loads) on behalf of the State of California when the state failed to fully comply with the requirements of the Clean Water Act (CWA) in a timely manner. This decision may relieve at least some of the immense pressure that has been placed on the State of California to establish and implement Total Maximum Daily Loads on an expedited basis.