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The Climate Litigation Database

Columbia Riverkeeper v. Wheeler

Geography
Year
2017
Document Type
Litigation
Part of

About this case

Filing year
2017
Status
District court's order affirmed.
Docket number
18-35982
Court/admin entity
United StatesUnited States Federal CourtsUnited States Court of Appeals for the Ninth Circuit (9th Cir.)
Case category
Federal Statutory Claims (US)Clean Water Act (US)
Principal law
United StatesAdministrative Procedure Act (APA)United StatesClean Water Act (CWA)
At issue
Lawsuit alleging that EPA violated the Clean Water Act by failing to issue a total maximum daily load (TMDL) for temperature pollution in the Columbia and Snake Rivers in Oregon and Washington.
Topics
, ,

Documents

Filing Date
Document
Type
Topics 
Beta
12/20/2019
District court's order affirmed.
The Ninth Circuit agreed with the district court that because Washington and Oregon had "conclusively refused to develop and issue a temperature TMDL for the Columbia and Snake Rivers," their "constructive submission of no TMDL triggers the EPA’s duty to develop and issue its own TMDL within 30 days."
Decision
02/06/2019
Columbia Riverkeeper's motion to dismiss voluntarily granted and previous briefing schedule vacated; government to file opening brief by April 12, 2019 and briefing to be completed by June 7, 2019, with oral argument the week of August 26, 2019.
Decision

Summary

Lawsuit alleging that EPA violated the Clean Water Act by failing to issue a total maximum daily load (TMDL) for temperature pollution in the Columbia and Snake Rivers in Oregon and Washington.

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Group
Topics
Policy instrument
Impacted group
Fossil fuel
Economic sector