American Canoe Association, Inc. and the American Littoral Society v. EPA

epa.gov, Aug 10, 2005

In this case (filed July 9, 1998), plaintiffs and EPA signed a consent decree which the district court entered on June 11, 1999. The consent decree sets out a 11-year schedule for establishment of TMDLs for all water quality limited segments (WQLS) on Virginia's 1998 Section 303(d) list as amended by EPA on May 10, 1999, including certain waters which may be included on Virginia's next Section 303(d) list. The decree provides that EPA will ensure the TMDLs are established if Virginia does not establish the TMDLs. The decree also requires EPA to review Virginia's continuing planning process under Section 303(e), provide future lists and TMDLs to the Fish and Wildlife Service and the National Marine Fisheries Service, and to evaluate Virginia's monitoring program.

The parties also signed a settlement agreement that includes additional commitments by EPA Region III related to Section 303(d) listing, monitoring issues, and developing technical guidance regarding the establishment of TMDLs for impaired Virginia shellfish waters.