Document pewaegkLEz2zg9e4npqLom0Vk

Message From: Forsgren, Lee [/0=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=A055D7329D5B470FBAA9920CE1B68A7D-FORSGREN, D] Sent: 7/18/2017 9:29:18 PM To: Ben Grumbles -MDE- [ben.grumbles@maryland.gov] Subject: FW: NEW DECISION - CWA 303(d) LISTING Attachments: 2017.07.18 memorandum opinion.pdf; ATT00001.htm Ben, It was great to see you this morning at ECOs. As always you make very good points on how we need to improve the program. On another pressing note. Are you all going to put out a press release on this decision? We were considering doing so but don't want to do something if you all don't think it is appropriate. Let me know what you all want to do. Lee D. Lee Forsgren Deputy Assistant Administrator Office Of Water Environmental Protection Agency 1200 Pennsylvania Avenue, VW Room 3219 WJCE Washington, DC 20460 Phone: 202-564-5700 Forsgren.Lee@epa.gov From: Fotouhi, David Sent: Tuesday, July 18, 2017 11:39 AM To: Forsgren, Lee <Forsgren. Lee@epa.gov>; Greenwalt, Sarah <greenwalt.sarah@epa.gov> Subject: Fwd: NEW DECISION - CWA 303(d) LISTING FYI. Let me know if you have any questions. Sent from my iPhone Begin forwarded message: From: "Glazer, Thomas" <giazer.fhomas@epa.gov> Date: July 18, 2017 at 11:37:15 AM EDT To: OGC Immediate Office Support <QGCFrontOfficeSupport:St:aff@epa,gov>, OGC Immediate Office MGMT <OGC Immediate Office MGMT@epa.gov> Ce: "Schroer, Lee" <schroer.lee@epa.gov>, "Neugeboren, Steven" <Neugeboren.Steven@epa.gov> Subject: NEW DECISION - CWA 303(d) LISTING Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00099286-00001 Favorable decision denying a challenge by Maryland environmental groups to EPA's approval of Maryland's 2012 303(d) list. Specifically, Plaintiffs argued that EPA improperly delisted waterbody segments that received TMDLs through the Chesapeake Bay TMDL process because they also required "local TMDLs." The Court rejected their claims as moot because EPA had subsequently reiterated its approval (with a more robust record) thirty five months later when it acted on Maryland's 2014 list. Tom Glazer USEPA Office of General Counsel Water Law Office 7426N WJC North (202)564-0908 Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00099286-00002