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Scott v. City of Hammond, Indiana

United States Court of Appeals for the Seventh Circuit
741 F.2d 992 (7th Cir. 1984)


Section 505(a)(2) of the Clean Water Act (CWA), 33 U.S.C. § 1365(a)(2), provides for citizen suits against the Environmental Protection Agency (EPA) where there is a “failure of the Administrator to perform any act or duty under this chapter which is not discretionary with the Administrator.” William J. Scott (plaintiff) filed a citizen’s suit against the EPA. Scott’s suit involved two claims: (1) the EPA failed to ensure that water quality standards protect the public health and welfare because there are no water quality criteria for hazardous viruses and there is an inadequate standard for hazardous pathogenic bacteria; and (2) the EPA failed to prescribe a Total Maximum Daily Load (TMDL) for discharge of pollutants into Lake Michigan. Establishing a TMDL requires cooperation between federal and state governments. Each state is to submit TMDLs for those waters within its boundaries where water quality standards will not be achieved by application of technology-based limitations. Illinois and Indiana had to submit TMDLs within 180 days of December 28, 1978. Neither did so. The district court dismissed all of Scott’s claims and he appealed.

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