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Oregon Temperature TMDL Court Findings

NWEA v EPA Oregon Temperature TMDL court findings and recommendations Oct 2016

...the court finds the EPA acted arbitrarily and capriciously, and violated the CWA, by approving the TMDLs which did not implement the applicable water quality standards and, in fact, established new temperature criteria. Further, the EPA did not engage in an affirmative agency action in approving the TMDLs, and was entitled to rely on the environmental assessments, opinions, and consultations performed with regard to the
relevant water quality standards, relieving it of its duty to consult under the Endangered Species Act...

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