ELR Citation: 41 ELR 20322
No(s). 1:11-CV-0067 (M.D. Pa. Oct 13, 2011) (Rambo, J.)

A district court held that environmental groups and water associations may intervene in a lawsuit challenging EPA's TMDL for the Chesapeake Bay and its tributaries. The plaintiffs in the lawsuit argued that the TMDL should be vacated because EPA lacked authority under the CWA to issue the TMDL, the TMDL was arbitrary and capricious, and the Agency failed to provided adequate public notice and comment. A number of environmental groups and water associations that support the TMDL filed motions to intervene in the case, and the court ruled that intervention was proper. The motions are timely and a grant of intervention will not cause prejudice or delay to the original parties. Moreover, the intervenors demonstrated that there is a tangible threat to a legally cognizable interest. The water associations have an interest in the amount of nutrients and sediment their members are authorized to discharge. The environmental groups also have a legally protectable interest in the outcome of this case, as evidenced by their past legal, educational, and physical efforts toward protecting and restoring the Bay and the personal use and enjoyment of the Bay by the groups' individual members. In addition, because the plaintiffs seek to have the TMDL vacated, the associations' and groups' interests may be impaired or affected by the practical consequences of the disposition of this action. The intervenors also demonstrated that EPA cannot adequately represent their interests.