This information is copied from the EPA site: http://www.epa.gov/owow/tmdl/lawsuit1.html
(Past or Current Cases in a Total of 38 States)
18 STATES (20 ACTIONS) IN WHICH EPA IS UNDER COURT ORDER TO ESTABLISH TMDLs IF STATES DO NOT ESTABLISH TMDLs
| Alabama (1998 consent decree) Alaska (1992 court order) Arkansas (2000 consent decree) Calif. (LA) (1999 consent decree) Calif. (North Coast) (1997 consent decree) Calif. (Newport Bay) (1997 consent decree) Delaware (1997 consent decree) District of Columbia (2000 consent decree) Florida (1999 consent decree) Georgia (1997 consent decree) |
Kansas (1998 consent decree) Louisiana (1999 court order) Mississippi (1998 consent decree) Montana (2000 court order) New Mexico (1997 consent decree) Oregon (2000 consent decree) Pennsylvania (1997 consent decree) Virginia (1999 consent decree) Washington (1998 consent decree) West Virginia (1997 consent decree) |
8 STATES (8 ACTIONS) WITH RESPECT TO WHICH PLAINTIFFS HAVE FILED LITIGATION SEEKING TO COMPEL EPA TO ESTABLISH TMDLs
| California (2000 complaint) Hawaii (2000 complaint) Idaho (2000 complaint) Iowa (1998 complaint) |
Maryland (1997 complaint) Missouri (1998 complaint New Jersey (1996 complaint) Wyoming (1996 complaint) |
3 STATES (3 ACTIONS) IN WHICH NOTICES OF INTENT TO SUE HAVE BEEN FILED SEEKING COURT ORDERS FOR EPA TO ESTABLISH TMDLs
| Arizona (1999 notice) Ohio (1998 notice) |
Tennessee (1998 notice) |
8 CASES (11 STATES) DISMISSED WITHOUT ORDERS THAT EPA ESTABLISH TMDLs (SOME CASES WERE RESOLVED WITH SETTLEMENT AGREEMENTS)
Colorado (Joint Motion for Administrative Closure filed August 24, 1999; parties signed settlement agreement in which EPA agreed to establish TMDLs if State did not)
Idaho (EPA Motion to Dismiss granted 1997)
Lake Michigan (WI, IL, IN, MI) (Scott case -- final order 1984; related NWF case challenging EPA actions in response to Scott order -- case dismissed 1991)
Minnesota (Dismissed 1993)
New York (EPA Motion to Dismiss granted on all but one claim May 2, 2000)
North Carolina (Joint Stipulation of Dismissal filed June 1998; EPA agreed by letter to ensure development of a TMDL for the Neuse River by date certain)
Oklahoma (EPA Motion for Summary Judgment granted March 30, 2000)
South Dakota (Dismissed without prejudice on August 27, 1999)