Notes of Decisions
Kentucky Waterways All. v. Johnson, 540 F.3d 466 (6th Cir. 2008).
· cites it 30× “(2000), of the EPA's approval, under § 303(c) of the Clean Water Act, 33 U.S.C. § 1313 (c) (2000), of Kentucky's regulatory implementation of its Tier II water quality antidegradation rules.”
Barnum Timber Co. v. United States Env't Prot. Agency, 633 F.3d 894 (9th Cir. 2011).
· cites it 22× “Section 303(d) of the CWA, 33 U.S.C. § 1313 (d), is part of what we termed "the Act's carrot-and-stick approach to attaining acceptable water quality without direct federal regulation of nonpoint sources of pollution.”
Pud No. 1 of Jefferson Cnty. v. Washington Dep't of Ecology, 511 U.S. 700 (1994).
· cites it 22× “" 33 U. S. C. § 1313 (c)(2)(A). In setting standards, the State must comply with the following broad requirements: "Such standards shall be such as to protect the public health or welfare, enhance the quality of water and *705 serve the purposes of this chapter.”
Sierra Club Inc. v. Michael O. Leavitt, 488 F.3d 904 (11th Cir. 2007).
· cites it 18× “, and two local environmental organizations (collectively, “Sierra Club”) filed this lawsuit against the United States Environmental Protection Agency and its administrators (collectively, “the EPA”) alleging that the EPA violated its oversight responsibility under section…”
Florida Pub. Interest Rsch. Grp. Citizen Lobby, Inc. v. Env't Prot. Agency, 386 F.3d 1070 (11th Cir. 2004).
· cites it 19× “33 U.S.C. § 1313 (c)(2)(A). Among other things, this review involves a determination of the following: Whether the state has adopted criteria that protect the designated water uses; [wjhether the State has followed its legal procedures for revising or adopting standards; [and…”
Upper Missouri Waterkeeper v. U.S. Envtl. Prot. Agency & Scott Pruitt, 377 F. Supp. 3d 1156 (D. Mont. 2019).
· cites it 28× “Waterkeeper first alleges that EPA's approval of Montana's numeric nutrient criteria for nitrogen and phosphorous, contained in the variance, violates 33 U.S.C. § 1313 . (Doc. 130 at 17-18.) Waterkeeper next contends that EPA's approval of the variance proves both contrary to…”
Raymond Proffitt Found. v. United States Env't Prot. Agency, 930 F. Supp. 1088 (E.D. Pa. 1996).
· cites it 21× “A water quality standard defines the water quality goals of a particular body of water by setting forth the uses to be made of the water and the criteria necessary to protect those uses. 40 C.F.R. §§ 130.3 , 131.2 (1995).”
Nat. Res. Def. Council, Inc. v. Envtl. Prot. Agency, 301 F. Supp. 3d 133 (D.C. Cir. 2018).
· cites it 14× “See 33 U.S.C. § 1313 (d) - (e). As part of this exercise, the state must calculate the "total maximum daily load" of the offending pollutant that the waterbody can bear before "applicable water quality standards" are breached.”
City of Arcadia v. State Water Resources Control Bd., 2006 Cal. Daily Op. Serv. 797 (Cal. Ct. App. 2006).
· cites it 10× “( 33 U.S.C. § 1313 (a), (c)(1).) The standards must include designated uses such as recreation, navigation or the propagation of fish, shellfish and wildlife; water quality criteria sufficient to protect the designated uses; and an antidegradation policy.”
City of Columbus v. Ours Garage & Wrecker Serv., Inc., 536 U.S. 424 (2002).
· cites it 4× “33 U. S. C. § 1313 (d)(1)(A) (under the Clean Water Act, each State must develop pollution abatement plans based upon a "priority ranking" of all "waters within its boundaries for which .”
Ohio Valley Env't Coalition, Inc. v. McCarthy, 313 F.R.D. 10 (S.D.W. Va 2015).
· cites it 12× “33 U.S.C. § 1313 (a)(3)(A), (b), (c). These standards include water quality criteria, in narrative form, numeric, or both, which define the amounts of pollutants that may be discharged into specific water bodies.”
Defenders of Wildlife v. Browner, 909 F. Supp. 1342 (D. Ariz. 1995).
· cites it 6× “This is the amount of time allowed under 33 U.S.C. § 1313 (c)(3) for states to propose and promulgate standards which have been disapproved by EPA.”
Am. Wildlands v. Browner, 260 F.3d 1192 (10th Cir. 2001).
· cites it 10× “33 U.S.C. § 1313 . Water quality standards consist of three elements: first, each water body must be given a “designated use,” such as recreation or the protection of aquatic life; second, the standards must specify for each body of water the amounts of various pollutants or…”
Am. Littoral Soc'y v. United States Env't Prot. Agency Region, 199 F. Supp. 2d 217 (D.N.J. 2002).
· cites it 12× “See 33 U.S.C. § 1313 . Count One alleges that EPA’s approval of allegedly deficient § 303(d) Lists of WQLSs was arbitrary, capricious, and an abuse of discretion in violation of section 706(2)(A) of the APA.”
United States v. State Water Resources Control Bd., 182 Cal. App. 3d 82 (Cal. Ct. App. 1986).
· cites it 7× “( 33 U.S.C. § 1313 (d)(1)(A), (e)(1).) Additionally, every state water pollution control agency must conduct a triennial review of its water quality standards and submit proposed revisions to the Environmental Protection Agency for approval.”
Defenders of Wildlife v. United States Env't Prot. Agency, 415 F.3d 1121 (10th Cir. 2005).
· cites it 8× “33 U.S.C. § 1313 . Development of water quality standards involves three steps: (1) every applicable body of water in the state must be given a “designated use,” such as public water supply, fish propagation, or navigation; (2) the state must specify water quality criteria for…”
S.D. Warren Co. v. Bd. of Env't Prot., 2005 ME 27 (Me. 2005).
· cites it 6× “33 U.S.C.A. § 1313 (West 2001). “Those standards shall consist of the designated uses of the navigable waters involved and the water quality criteria for such waters based upon such uses.”
Nat. Resources Def. Council, Inc. v. Fox, 93 F. Supp. 2d 531 (S.D.N.Y. 2000).
· cites it 15× “See 33 U.S.C. § 1313 (d)(1)(A). States are required to create a prioritized list of such waterbodies, and, upon EPA’s approval of the priority list, to establish TMDLs for each waterbody concerning pollutants specified by EPA.”
Sierra Club v. Hankinson, 939 F. Supp. 865 (N.D. Ga. 1996).
· cites it 13× “33 U.S.C. § 1313 (d). Under the Act’s water quality based approach, states must adopt water quality standards based on the uses of the waters and the amount of pollution that would impair the uses.”
Gulf Restoration Network v. Gina McCarthy, 783 F.3d 227 (5th Cir. 2015).
· cites it 8× “9 The EPA may also directly set water quality standards through its own regulations under the two circumstances set out in 33 U.S.C. § 1313 (c)(4)(A) and (B) (“section 1313(c)(4)”).”
Sierra Club, North Star Chapter v. Browner, 843 F. Supp. 1304 (D. Minnesota 1993).
· cites it 11× “33 U.S.C. § 1313 (a)-(c). After developing water quality standards, the state must identify waters which would not be able to meet the water quality standards even after other Act pollution controls, such as the NPDES permit process, are implemented.”
Islander East Pipeline Co., LLC v. McCarthy, 525 F.3d 141 (2d Cir. 2008).
· cites it 5× “9 (ex *144 plaining that, under Clean Water Act, state water quality standard approved by federal Environmental Protection Agency (“EPA”) “becomes ‘the water quality standard for the applicable waters of that State’ ” (quoting 33 U.S.C. § 1313 (c)(3))). Consistent with this…”
Dep't of Ecology v. Pub. Util. Dist. No. 1, 849 P.2d 646 (Wash. 1993).
· cites it 6× “The Board ruled that the phrase refers to all state water quality-related statutes and rules, including, but not limited to, the water quality standards the State has adopted as required by section 303 of the Clean Water Act, 33 U.”
Potomac Riverkeeper, Inc. v. Md. Dep't of the Env't, 189 A.3d 819 (Md. Ct. Spec. App. 2018).
· cites it 6× “§ 1313 (d)(1)(C), when they identify those waters for which effluent limitations cannot implement the WQSs , 33 U.S.C.§ 1313(d)(1)(A). As with water quality standards, the states have the obligation of setting TMDLs and submitting them to the EPA for approval.”
Sterling v. City of Jackson (5th Cir. 2025).
“Indeed, as a public water system professional, Director of Public Works Powell in fact knew of the seriously low pH of the surface waters Jackson was switching to, as well as the fact that certain segments had previously been designated impaired for low pH pursuant to section…”
— 33 U.S.C. § 1313(a)(2) — 1 case
— 33 U.S.C. § 1313(c)(2)(A) — 1 case
Gulf Restoration Network v. Gina McCarthy, 783 F.3d 227 (5th Cir. 2015).
“9 The EPA may also directly set water quality standards through its own regulations under the two circumstances set out in 33 U.S.C. § 1313 (c)(4)(A) and (B) (“section 1313(c)(4)”).”
— 33 U.S.C. § 1313(c)(4) — 1 case
— 33 U.S.C. § 1313(d) — 1 case
Sterling v. City of Jackson (5th Cir. 2025).
“Indeed, as a public water system professional, Director of Public Works Powell in fact knew of the seriously low pH of the surface waters Jackson was switching to, as well as the fact that certain segments had previously been designated impaired for low pH pursuant to section…”
— 33 U.S.C. § 1313(d)(1) — 1 case
Ohio Valley Env't Coalition, Inc. v. McCarthy, 313 F.R.D. 10 (S.D.W. Va 2015).
“33 U.S.C. § 1313 (a)(3)(A), (b), (c). These standards include water quality criteria, in narrative form, numeric, or both, which define the amounts of pollutants that may be discharged into specific water bodies.”
— 33 U.S.C. § 1313(d)(1)(A) — 1 case
Potomac Riverkeeper, Inc. v. Md. Dep't of the Env't, 189 A.3d 819 (Md. Ct. Spec. App. 2018).
“§ 1313 (d)(1)(C), when they identify those waters for which effluent limitations cannot implement the WQSs , 33 U.S.C.§ 1313(d)(1)(A). As with water quality standards, the states have the obligation of setting TMDLs and submitting them to the EPA for approval.”
— 33 U.S.C. § 1313(d)(1)(C) — 2 cases
— 33 U.S.C. § 1313(d)(2) — 1 case
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