Criteria

CurrencyCurrent through May 31, 2023
Citation 40 C.F.R. §131.11
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46 cases
  • 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
    ...that the findings were made in the context of an ESA analysis, which is distinct from the question of protecting designated uses. 40 C.F.R. § 131.11(a). EPA found that a criterion can adversely affect certain populations while simultaneously protecting designated With regard to the 64 F tem......
  • Pud No. 1 of Jefferson County v. Washington Dep't of Ecology, 921911
    • United States
    • United States Supreme Court
    • February 23, 1994
    ...governing "toxic pollutants listed pursuant to section 1317(a)(1)" need be rendered in numerical form. See 33 U.S.C. § 1313(c)(2)(B); 40 CFR § 131.11(b)(2) (1992). Washington's Class AA water quality standards are typical in that they contain several open-ended criteria which, like the use ......
  • Anacostia Riverkeeper, Inc. v. Jackson, 09–cv–97 (RCL).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • July 25, 2011
    ...associated with them; as EPA regulations explain: “States must adopt those water quality criteria that protect the designated use.” 40 C.F.R. § 131.11(a). After promulgating water quality standards, States are responsible for monitoring their covered waters and, when necessary, identifying ......
  • City of Albuquerque v. Browner, 93-2315
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • October 7, 1996
    ...Clean Water Act. The EPA regulations allow water quality standards, such as the Isleta Pueblo standards, to be narrative descriptions. 40 C.F.R. § 131.11 (1995). These standards, however, do not require any particular conduct by Albuquerque; instead, Albuquerque is on notice that its revise......
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6 books & journal articles
  • The Political Consequences of Legal Victories: Ballast Regulation and the Clean Water Act
    • United States
    • Environmental Law Reporter No. 40-2, February 2010
    • February 1, 2010
    ...various pollutants that can be sustained in a water body while still maintaining the designated beneicial uses of that water body. See 40 C.F.R. §131.11. 93. 40 C.F.R. §131.12(a). 94. 40 C.F.R. §131.12(a)(1). Existing uses are deined as those actually attained in a water body on or after No......
  • Water quality standards
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • July 23, 2017
    ...the chapter). EPA regulations require states to adopt criteria that protect the designated uses and are based “on sound rationale.” 40 C.F.R. § 131.11(a)(1). hese criteria must be based on either: (1) § 304(a) guidance; (2) § 304(a) guidance modiied to it local conditions; or (3) “other sci......
  • Permits and state permit programs
    • United States
    • Introduction to environmental law: cases and materials on water pollution control - 2d Edition
    • July 23, 2017
    ...“achieved and protected,” and that “water quality criteria” are to be adopted to “protect the designated use[s].” 40 C.F.R. §§ 131.10(a), 131.11(a)(1) (1993). he problematic consequences of decoupling “uses” and “criteria” become clear once the Court’s interpretation of § 303 is read in the......
  • Will climate change help or harm species listing?
    • United States
    • Sustainable Development Law & Policy No. X-3, April 2010
    • April 1, 2010
    ...U.S.C. § 1314(a)(1). 11 33 U.S.C. § 1314(a)(2). 12 33 U.S.C. § 1313(a)(3). 13 Water Quality Standards, 40 C.F.R. § 131.6 (2010). 14 40 C.F.R. § 131.11(b). 15 33 U.S.C. § 1313(d)(1)(A). 16 33 U.S.C. § 1313(d)(1)(C). 17 33 U.S.C. § 1314(a)(1). 18 See Our Children’s Earth Found. v. EPA, 506 F.......
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