ELR Citation: ELR 20122
No(s). 03-16309 (9th Cir. Jun 15, 2005)

The court held that the U.S. Environmental Protection Agency (EPA) acted within its authority in approving California's total maximum daily load (TMDL) for the Los Angeles River despite EPA's earlier promulgation of its own TMDL when California originally failed to make a timely submission. Several cities filed suit challenging EPA's authority to approve the state's superseding TMDL. But neither the Clean Water Act nor its implementing regulations specify or imply that EPA is barred from approving a state-submitted TMDL after the EPA has established its own. In fact, states are authorized to submit TMDLs from time to time, and EPA is required either to approve or disapprove the TMDL upon submission by a state.