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March 11, 2011

Private Landowners Granted Right to Challenge EPA’s Clean Water Act “Impaired Waters” Listing Decisions

In a Marten Law briefing, Meline MacCurdy reports a recent Ninth Circuit holding that a “perceived” decrease in value of private property following EPA’s approval of a state’s “impaired waters” listing under Section 303 of the Clean Water Act (CWA) is sufficient to establish the standing of a private plaintiff to challenge the agency’s decision. The case of first impression, Barnum Timber Co. v. EPA, 2011 WL 383012 (9th Cir. Feb. 3, 2009), gives private property owners adjacent to creeks, rivers and other waterbodies in the West a seat at the table in CWA listing decisions, a step that often occurs long before affirmative obligations are imposed on uses of the private properties through the total maximum daily load (TMDL) program. Click here to read the briefing.

Posted by Rachel Treichler at 03/11/11 8:00 AM













Copyright 2013, Rachel Treichler



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New York Water Law covers legal developments relating to water in New York and in jurisdictions that may be influential in New York. The author, Rachel Treichler, practices law in the Finger Lakes region.
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