Friends of the Earth v. United States Environmental Protection Agency: A Battle for the Proper Forum to Protect the Nation's "Forgotten River"

Manchik, Estie
August 2004
Ecology Law Quarterly;2004, Vol. 31 Issue 3, p531
Academic Journal
Friends of the Earth v. Environmental Protection Agency explores two important jurisdictional questions that help clarify the Clean Water Act's Judicial Review Provision. The case was brought as a challenge to the Environmental Protection Agency Administrator's approval and establishment of Total Maximum Daily Loads (TMDLs) standards, which are used to help control water pollution levels, for the Anacostia River. The central issue for the District of Columbia Circuit Court was whether appellate courts have original jurisdiction to hear such a case. First, the court held that there is original appellate jurisdiction only for those actions by the EPA Administrator that are specifically enumerated in the CWA's Judicial Review Provision. As a consequence, the court held that federal circuit courts may not directly review the Administrator's acts of establishing or approving TMDLs. This Note argues that the holding is proper because it maintains the plain language interpretation of the statute, promotes judicial economy, and provides uniformity among the circuit courts on this issue. However, this Note concludes that Congress should amend the Judicial Review Provision to provide for direct circuit court review of the EPA Administrator's establishment or approval of TMDLs. This amendment would uphold the goals Congress intended to achieve with the Judicial Review Provision, in addition to upholding the broader policy goals of the CWA and the court system in general.


Related Articles

  • A source classification framework supporting pollutant source mapping, pollutant release prediction, transport and load forecasting, and source control planning for urban environments. Lützhøft, Hans-Christian; Donner, Erica; Wickman, Tonie; Eriksson, Eva; Banovec, Primož; Mikkelsen, Peter; Ledin, Anna // Environmental Science & Pollution Research;May2012, Vol. 19 Issue 4, p1119 

    Purpose: Implementation of current European environmental legislation such as the Water Framework Directive requires access to comprehensive, well-structured pollutant source and release inventories. The aim of this work was to develop a Source Classification Framework (SCF) ideally suited for...

  • Efeito do antigo Lixão do Roger, João Pessoa, Brasil, na qualidade daágua subterrânea local. Júnior, Gilson Barbosa Athayde; Nóbrega, Claudia Coutinho; Gadelha, Carmem Lúcia Moreira; de Franca Souza, Irene Monteiro; de Souza Fagundes, Giulliano // Revista Ambiente e Água;2009, Vol. 4 Issue 1, p142 

    Throughout 45 years (1958-2003) the solid wastes from João Pessoa were disposed off in the former Roger's open dump, which is situated adjacent to the mangrove at the sides of Sanhauá river, intensifying environmental problems and threatening the health of people living nearby. Between...

  • SACKETT V. EPA. Smith, Turner; Holden, Margaret // Harvard Environmental Law Review;2013, Vol. 37 Issue 1, p301 

    No abstract available.

  • Transforming Water Transfers: The Evolution of Water Transfer Case Law and the NPDES Water Transfers Proposed Rule. Colangelo, Sara // Ecology Law Quarterly;2008, Vol. 35 Issue 1, p107 

    Water transfers, the human-induced movement of water from one place to another, have historically sustained development of vast areas of otherwise uninhabitable land in the western United States, and have recently become a popular method for alleviating water allocation problems and scarcity in...

  • RECENT DEVELOPMENTS. Chalker, Matthew // University of Baltimore Journal of Environmental Law;Spring2007, Vol. 14 Issue 2, p201 

    The article discusses the decision of the U.S. Court of Appeals for the District Circuit of Columbia on the case of the Friends of the Earth (FoE) versus the U.S. Environmental Protection Agency (EPA). It rules that the Clean Water Act (CWA) requires EPA to calculate total daily maximum load...

  • Reaching to Every Ditch, Pipe, and Treatment Pond. Albrecht, Virginia S. // Environmental Forum;Sep/Oct2007, Vol. 54 Issue 5, p54 

    The article, part of a special section on the U.S. Clean Water Act, presents the author's views on proposed changes to the law. She says the proposed change in language from "navigable waters" to "all intrastate waters" does not, as its backers say, restore the original intent behind the law,...

  • A COMMENT ON WATERSHEDS: RUNOFF FROM THE TAX CODE. Brooks, Kim // Vermont Law Review;Summer2010, Vol. 34 Issue 4, p895 

    In this article the author comments on an article by Professor Janet Milne on tax policy of watershed protection. The author sees that her article contributed to the literature on using tax system as an instrument for environmental protection. She analyzes Milne's work and sees that it is useful...

  • House attempts to prohibit Clean Water guidance.  // Western Farm Press Exclusive Insight;6/11/2012, p3 

    The article focuses on a U.S. Clean Water Act (CWA) guidance that expands regulatory reach. U.S. House Resolutions 5325 and 4965 are presented wherein they prevent the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers from implementing a CWA guidance that define...

  • Politics Drain Navigable Waters. Hill, Stephen // Alternatives Journal (AJ) - Canada's Environmental Voice;2009, Vol. 35 Issue 5, p6 

    The article focuses on the reaction of environmentalists on the amendment to the 127-year-old Navigable Water Protection Act (NWPA) in Canada. In the move of the federal government to amend NWPA in line to the Budget Implementation Act Bill, environmentalists have showed concern and have...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics