EPIC v. EPA (EPA’s Failure to Consult on TMDLs)
This case challenged EPA’s failure to consult with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service for “total maximum daily loads” that are developed under the Clean Water Act. The case was filed on February 1, 2001 and settled in August 2001 with the EPA agreeing to consult with the appropriate agencies on the impacts these plans have to fish and wildlife species. EPIC was represented in this case by Jack Tuholske.