Environment Groups Say EPA Needs to Act on West Virginia Waters

Three environmental advocacy organizations are seeking to compel the Environmental Protection Agency to perform Clean Water Act non-discretionary duties after its regional administrator failed to establish total maximum daily loads for ionic toxicity in a West Virginia watershed.

Sierra Club—along with two other organizations—say the EPA’s non-discretionary duties were triggered by the West Virginia Department of Environmental Protection’s failure to submit any ionic toxicity TMDLs for the Lower Guyandotte River Watershed. The complaint, filed in the US District Court for the Southern District of West Virginia, follows a 2017 district court ruling that determined the EPA had the non-discretionary duty ...