Environment & Energy Report

EPA Decision Leaving Shenandoah Off Impaired Waters List Upheld

April 28, 2020, 6:11 PM

The Virginia Department of Environmental Quality properly considered evidence when it decided not to include the Shenandoah River on a list of impaired waters submitted to the EPA, and the agency’s approval of that list was also proper, a Washington, D.C., federal appeals court ruled Tuesday.

Potomac Riverkeeper Inc., Shenandoah Riverkeeper, and Potomac River Smallmouth Club argued the Environmental Protection Agency allowed DEQ to ignore evidence that the river was impaired by excess algae when it approved the list in 2016, in violation of the Clean Water Act. The groups had submitted citizen reports of foul-smelling and otherwise excessive algae...

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