ELR Citation: ELR 21204
No(s). C90-595R (W.D. Wash. Jun 2, 1992)

The court holds that injunctive relief is necessary to compel the U.S. Environmental Protection Agency (EPA) to promulgate total maximum daily loads (TMDLs) pollution limits for water bodies designated as water quality-limited segments (WQLSs) in Alaska under the Federal Water Pollution Control Act (FWPCA) §303(d). The court first holds that EPA has a mandatory duty to ensure that the state identifies WQLSs and sets TMDLs for them, or to initiate its own TMDLs process if the states fail to do so. EPA's failure to do so has frustrated Congress' intent. The court finds that in light of EPA's 13-year delay in promulgating TMDLs, a previously signed memorandum of understanding between EPA and the state regarding implementation of a TMDLs program in Alaska will not secure faithful compliance with the FWPCA. Therefore, the court orders EPA to prepare a report on ambient water quality monitoring and set guidelines and deadlines for it. Finally, the court retains jurisdiction over this matter for two years to ensure compliance with the court's order, because of EPA's past intransigence and its more recent tentative steps to begin the TMDLs process.

[A previous decision in this litigation is published at 21 ELR 21305.]

Counsel for Plaintiffs
Brian Faller
Seattle Law Department
Utilities and Environmental Protection
11 Third Ave., Ste. 2640, Seattle WA 98101
(206) 223-2156

Counsel for Defendants
Christopher Vaden
Environmental and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-4548