Last week, in
Conservation Law Foundation v. EPA, Judge Mark Wolf
ruled that CLF did not have standing to challenge EPA's
approval of total maximum daily loads promulgated for certain
waters in and around Cape Cod. Given the increasing number of
citizen suits involving TMDL promulgation, the decision is
important.
CLF asserted two claims. First, it alleged that EPA wrongly
classified certain sources, including septic systems, storm water
systems, and waste water treatment facilities as non-point sources,
rather than point sources. Second, it alleged that the TMDLs failed
to take into account the need for additional stringency due to the
impacts of climate change.
With respect to the first claim, Judge Wolf concluded that the
affidavits CLF submitted from two CLF members established injury in
fact under Lujan v. Defenders of Wildlife.
However, he found that CLF had not established that the relief
sought by CLF would redress its alleged injuries. Both
