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TMDL Litigation by State
Summary of Litigation on Pace of TMDL Establishment
June 2006
22 STATES IN WHICH EPA IS UNDER COURT ORDER OR AGREED IN CONSENT DECREE TO ESTABLISH TMDLs IF STATES DO NOT ESTABLISH TMDLs
| Alabama (1998; 5 yr schedule) | Mississippi (1998; 10 yr schedule) |
| Alaska (1992; no schedule) | Missouri (2001; 10 yr schedule) |
| Arkansas (2000; 10 yr schedule) | Montana (2000; 7 yr schedule, extended to 2012) |
| Calif. (LA) (1999; 13 yr schedule) | New Mexico (1997; 20 yr schedule) |
| Calif. (North Coast) (1997; 11 yr schedule) | Ohio (2004; 4 yr schedule) |
| Delaware (1997; 10 yr schedule) | Oregon (2000; 10 yr schedule) |
| District of Columbia (2000; 7 yr schedule) | Pennsylvania (1997; 12 yr schedule) |
| Florida (1999; 13 yr schedule) | Tennessee (2001; 10 yr schedule) |
| Georgia (1997; 7½ yr schedule) | Virginia (1999; 12 yr schedule) |
| Iowa (2001; 9 yr schedule) | Washington (1998; 15 yr schedule) |
| Kansas (1998; 10 yr schedule) | West Virginia (1997; 10 yr schedule) |
| Louisiana (2002; 10 yr schedule) |
STATES WITH A PENDING CASE IN WHICH PLAINTIFFS HAVE FILED LITIGATION SEEKING TO COMPEL EPA TO ESTABLISH TMDLs
None
ACTIONS DISMISSED WITHOUT ORDERS THAT EPA ESTABLISH TMDLs (SOME CASES WERE RESOLVED WITH SETTLEMENT AGREEMENTS OR EPA COMPLETED ALL COURT-ORDERED OBLIGATIONS AND CASE DISMISSED)
Arizona (EPA completed all consent decree obligations; decree terminated July 17, 2000)
California (9th Circuit affirmed dismissal, 2002)
California (Newport Bay) (EPA completed consent decree obligations; decree terminated 2003)
Colorado (Joint Motion for Administrative Closure filed August 24, 1999; parties signed
settlement agreement in which EPA agreed to establish TMDLs if State did not)
Hawaii (EPA completed all consent decree obligations; decree terminated December 9, 2002)
Idaho (EPA Motion to Dismiss granted 1997; settlement agreement signed 2002)
Lake Michigan (WI, IL, IN, MI) (Scott case -- final order 1984; related NWF case challenging EPA actions in response to Scott order -- case dismissed 1991)
Minnesota (Dismissed 1993)
Maryland (Dismissed 2001 and in 2006)
Nevada (EPA completed consent decree obligations)
New Jersey (Dismissed 2002)
New York (EPA Motion to Dismiss granted on all but one claim May 2, 2000)
North Carolina (Joint Stipulation of Dismissal filed June 1998; EPA agreed by letter to ensure development of a TMDL for the Neuse River by date certain)
Oklahoma (Tenth Circuit upheld dismissal of case on August 29, 2001)
South Dakota (Dismissed without prejudice on August 27, 1999)
Wyoming (Dismissed 2003)