40 C.F.R. §131.12 - Antidegradation policy

Cite as40 C.F.R. §131.12
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83 cases
  • West Virginia Coal Ass'n v. Reilly, Civ. A. No. 2:87-0834.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • December 28, 1989
    ...own NPDES permitting program to adopt a statewide anti-degradation policy to protect existing in-stream water uses and water quality. 40 C.F.R. § 131.12. Permits may not be issued by a state under conditions that would violate applicable state water quality standards. 40 C.F.R. § The plaint......
  • American Paper Institute, Inc. v. U.S. E.P.A., s. 88-1395
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • November 27, 1989
    ...policy, which requires the states to promulgate antidegradation plans. Under the antidegradation policy outlined in EPA regulations, 40 C.F.R. Sec. 131.12 (1988), the individual states must design antidegradation plans that address how the state will maintain existing water quality once a d......
  • North West Environmental Advocates v. U.S. E.P.A., No. CV-01-510-HA.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Oregon)
    • March 31, 2003
    ...component of the statewide water quality standards that are presented as part of the triennial review process. 40 C.F.R. §§ 131.6(d), 131.12(a); see PUD No. 1 of Jefferson County v. Washington Dep't of Ecology, 511 U.S. 700, 705-06, 114 S.Ct. 1900, 128 L.Ed.2d 716 (1994) ("A 1987 amendment ......
  • Pud No. 1 of Jefferson County v. Washington Dep't of Ecology, 921911
    • United States
    • United States Supreme Court
    • February 23, 1994
    ...instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected." 40 CFR § 131.12 (1992). At a minimum, state water quality standards must satisfy these conditions. The Act also allows States to impose more stringent water quality ......
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