Ohio Valley Environmental Coalition, Inc. v. Pruitt, No. 17-1430 (4th Cir. 2018)Annotate this Case
Plaintiffs filed suit alleging that the EPA failed to perform its nondiscretionary duty under the Clean Water Act to promulgate pollutant limits for biologically impaired waters in West Virginia. The court held that plaintiffs have standing to bring the claim, but reversed the district court's grant of summary judgment for plaintiffs. In this case, because West Virginia has demonstrated that it is making — and will continue to make — good-faith efforts to comply with SB 562, and because West Virginia has a credible plan in concert with the EPA to produce ionic toxicity total maximum daily loads, if the constructive submission doctrine were to apply, it would not be satisfied.