United States Tenth Circuit

Under the Clean Water Act, a state's submission of total maximum daily loads for intrastate bodies of water to the EPA will preclude a citizen suit alleging constructive submission even if the limits were submitted after the lawsuit was filed and are statutorily inadequate.

Appellate Information

• Decided 08/29/2001
• Published 08/29/2001

Judges

• EBEL, Circuit Judge., Before EBEL, ANDERSON and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Blake K. Champlin of Shipley, Jennings & Champlin, P.C., Tulsa, OK, for Plaintiffs-Appellants.


• For Appellees:
  
• Joan M. Pepin, Attorney, United States Department of Justice, Washington, DC (Lois J. Schiffer, Assistant Attorney General;  John A. Bryson and Eric G. Hostetler, Attorneys, United States Department of Justice;  and Michael G. Lee, Of Counsel, Environmental Protection Agency, Washington, DC, and David Gillespie, Of Counsel, Environmental Protection Agency, Dallas, TX, with her on the brief), for Defendants-Appellees.