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HAYES v. WHITMAN

No. 00-5113.

264 F.3d 1017 (2001)

Dr. Mark HAYES, an individual; Ed Brocksmith, an individual; Oklahoma Wildlife Federation, an Oklahoma non-profit corporation; Save the Illinois River, Inc., an Oklahoma non-profit corporation, Plaintiffs-Appellants, v. Christie WHITMAN, in her capacity as Administrator of the United States Environmental Protection Agency; United States Environmental Protection Agency Region VI; Gregg A. Cooke, in his capacity as Regional Administrator for the United States Environmental Protection Agency Region VI, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 29, 2001.

Attorney(s) appearing for the Case

Blake K. Champlin of Shipley, Jennings & Champlin, P.C., Tulsa, OK, for Plaintiffs-Appellants.

Joan M. Pepin, Attorney, United States Department of Justice, Washington, DC (Lois J. Schiffer, Assistant Attorney General; John A. Bryson and Eric G. Hostetler, Attorneys, United States Department of Justice; and Michael G. Lee, Of Counsel, Environmental Protection Agency, Washington, DC, and David Gillespie, Of Counsel, Environmental Protection Agency, Dallas, TX, with her on the brief), for Defendants-Appellees.

Before EBEL, ANDERSON and MURPHY, Circuit Judges.

EBEL, Circuit Judge.

This case is about a long-neglected provision of the Clean Water Act that obligates the states to develop pollution limits for waters that are not meeting applicable quality standards. These limits (known as TMDLs) are submitted to the Environmental Protection Agency (EPA), and the EPA must approve or disapprove them. In their complaints, Plaintiffs alleged that Oklahoma has never submitted TMDLs for the EPA to review, that this complete...

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