EPA Says Court Lacks Authority To Hear Suit Seeking Conductivity TMDL

摘要

EPA is poised to argue that a federal district court in West Virginia lacks jurisdiction to review environmentalists' suit seeking to force the agency to craft or compel the state of West Virginia to craft novel limits for conductivity - a measure of ionic pollution associated with coal mining and other activities. In an answer filed April 28 in Ohio Valley Environmental Coalition (OVEC), et al. v. Gina McCarthy, et al., Department of Justice (DOJ) attorneys on EPA's behalf say they plan to assert as a defense that the court lacks power to review some or all the advocates' claims and that, "Plaintiffs have failed to state a claim upon which relief may be granted." See page 2 for details. (Doc. ID: 181167) The agency's upcoming arguments could address the administration's position on questions over whether the Clean Water Act (CWA) carries an obligation for EPA or states to impose total maximum daily loads (TMDL) for conductivity. Industry argues that conductivity is an indicator of other pollutants in a waterbody, not a specific pollutant, and therefore should not be a requirement for a TMDL.