EPA, the States, and TMDL Obligations

Section 313 of the Clean Water Act (CWA) directs that states must develop total maximum daily loads (TMDLs) for water bodies that are impaired by pollutants or conditions... In its opinion, the panel relies on its understanding of the constructive submission doctrine, which the 9th Circuit adopted in a 2002 ruling (San Francisco BayKeeper v. Whitman).