New ABA Trends Articles on Maui and TMDLs
Shannon M. Arata, Michelle B. Nowlin and Stephen E. Roady just published a great, succinct primer on the recent Supreme Court Maui decision. If you're looking for a two-page discussion of the meaning of the decision, read this one.
Miles Johnson and Kingsly Alec McConnell have also published a nice summary of the 9th Cir.'s 2019 Columbia Riverkeeper TMDL case. This was a very significant case both for its treatment of temperature as a pollutant and for adopting the constructive submission theory for EPA's failure to approve/disapprove a TMDL.
Both articles appear in the latest online edition of the ABA SEER Trends publication.
Here are the links to the articles: https://www.americanbar.org/groups/environment_energy_resources/publications/trends/2020-2021/september-october-2020/the-county-of-maui/
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