The Third Circuit recently determined that EPA acted within its statutory authority in publishing the Chesapeake Bay TMDL in American Farm Bureau Federation v. United States Environmental Protection Agency, No. 13-4079 (3d Cir. July 6, 2015). My column for the Pennsylvania Law Weekly discusses the decision and the implications for Pennsylvania, a state that did not provide reasonable assurance to EPA that it would be able to meet target pollutant limitations during the drafting of the TMDL.
Read Third Circuit Upholds EPA’s Authority for Chesapeake Bay TMDL, 38 Pa. L. Weekly 760 (Aug. 18, 2015), by clicking here.