Hayes v. Whitman
Court of Appeals for the Tenth Circuit
1Opinion of the Court
EBEL, Circuit Judge.
This case is about a long-neglected provision of the Clean Water Act that obligates the states to develop pollution limits for waters that are not meeting applicable quality standards. These limits (known as TMDLs) are submitted to the Environmental Protection Agency (EPA), and the EPA must approve or disapprove them. In their complaints, Plaintiffs alleged that Oklahoma has never submitted TMDLs for the EPA to review, that this complete failure constitutes a “constructive submission” of no TMDLs, and that the EPA has a mandatory duty to approve or disapprove the…
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