EMERGING ISSUES IN TMDL LITIGATION AND CREATIVE STRATEGIES FOR INDUSTRIES AND MUNICIPALITIES
This paper discusses emerging TMDL issues and suggests strategic actions that industries and municipalities nationwide should consider implementing to manage their TMDL issues. The paper presents the issues by focusing on three main phases of TMDL litigation: (1) when a lawsuit is filed by a citizen's group seeking to force EPA to take over TMDL development in States that have not yet developed a large number of TMDLs, (2) during pre-TMDL development disputes (e.g., impaired waters listing decisions), and (3) in the context of lawsuits or threatened suits challenging individual TMDLs and resulting wasteload allocations. Practical insights on managing the TMDL process are presented with an emphasis on creative pre-litigation and litigation strategies for industries and municipalities.
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Document Type: Research Article
Publication date: 01 January 2000
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