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Brief summary of court action

A U.S. District judge ruled on January 3 that the Clean Water Act does not allow the Environmental Protection Agency (EPA) to designate water as a water pollutant or a pollutant surrogate, and thus the amount of flow cannot be restricted by EPA for water quality protection purposes. EPA had implemented flow volume controls as a proxy to reduce sediment issues in an impaired tributary of the Potomac River in Virginia, and had been trying to implement volume controls as part of total maximum daily load (TMDL) limits in this instance....

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TagsClean Water Act, EPA,