4th Circuit Vacates Groups’ Summary Judgment Award In Clean Water Act Suit

Mealey's (June 21, 2018, 2:02 PM EDT) -- RICHMOND, Va. — A Fourth Circuit U.S. Court of Appeals panel on June 20 vacated a federal judge in West Virginia’s ruling awarding summary judgment to four environmental groups that complained that the U.S. Environmental Protection Agency had failed to perform a nondiscretionary duty to impose total maximum daily load (TMDL) limits for biologically impaired waters in the state, holding that West Virginia Department of Environmental Protection (WVDEP) is working on a methodology to create the limits (Ohio Valley Environmental Coalition, et al. v. Scott Pruitt, et al., No.  17-1430, 4th Cir., 2018 U.S. App. LEXIS 16622)....