• Mark Ryan

A New CWA Case and a New NDPES GP

The Missouri Coalition case below is of interest only in that the underlying claim of EPA arbitrarily and capriciously approving the Missouri water quality standard for nutrients is an interesting one, and should be watched. Nutrients and temperature are the two big and very-hard-to-solve issues in NPDES permitting for the foreseeable future. How EPA and the courts come down on those two issues will drive a lot of CWA policy and POTW compliance issues for years to come.

Also of interest below is the issuance today of a final CAFO general permit by EPA Region 10. Idaho will be taking over the CAFO program in July, but this permit reflects some of EPA's current thinking on CAFOs.

Missouri Coalition for the Env’t Found. v. EPA, 2020 WL 2331201 (W.D. Mo. 2020) (in case involving challenge to EPA approval of Missouri water quality standards for nutrients, held that State may intervene as a matter of right, but group of various municipal wastewater treatment associations may not intervene because the argued harm to the associations is too speculative where an adverse ruling would result in remand to EPA, followed by numerous administrative steps that may or may not result in a changed standard and the associations cannot show Article III standing)

85 Fed. Reg. 28624 (May 13, 2020) (Final Reissuance of NPDES General Permit for Concentrated Animal Feeding Operations in Idaho)

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