“Daily” in Total Daily Maximum Loads means “Daily” Circuit Court Rules

The Court of Appeals for the District of Columbia ruled that the word “daily” in the “Total Maximum Dailiy Load” definition of the Clean Water Act means “every day.” A lower court had ruled that the word was ambiguious and that the use by the EPA of seasonal and annual TMDLs was reasonable. This ruling will eliminate the ability of municipal sewage treatment facilities to avoid violations if heavy storms overpower their facilities. Friends of the Earth, Inc. v. EPA No. 05-5015 (D.C. Cir. April 25, 2006).

About James Pray

Attorney with BrownWinick Law Firm in Des Moines, Iowa.
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