DC District Court Decision Suggests Stricter Pollution Control Standards For The Anacostia River May Be Forthcoming

The DC District Court's July 25, 2011 decision in Anacostia Riverkeeper, Inc., et al. v. Lisa Jackson, et al., repeatedly lambasts the Environmental Protection Agency ("EPA") for its delay in implementing total maximum daily loads ("TMDLs") for the Anacostia River, but ultimately rejects the pollution control plan jointly submitted to EPA by the District of Columbia and Maryland, and approved by EPA in 2007, as arbitrary and capricious and inconsistent with the Federal Water Pollution Control Act of 1972 ("the Clean Water Act" or "CWA"). In rejecting the plan, which called for an 85% reduction in sediment/total suspended solids ("TSS") pollution, the District Court suggests even stricter standards may be required. Permit holders, water and sewer authorities, landowners, developers, and others who may be directly affected by the implementation of a more stringent pollution control plan for the Anacostia River should monitor this situation closely and consider