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Pronsolino v. Nastri

United States Court of Appeals for the Ninth Circuit

291 F.3d 1123 (2002)

Relevant factsFree

The EPA required California to list the Garcia River as having insufficient pollution controls and to set total maximum daily loads for pollutants entering it, even though the river was polluted only by nonpoint sources (like runoff) rather than point sources (like a discharge pipe); property owners the Pronsolinos (plaintiffs) sued EPA regional administrator Nastri (defendant), arguing Clean Water Act Section 303(d)'s listing and TMDL requirements applied only to point-source-polluted waters, and the district court upheld EPA's authority to apply them here anyway.

IssueFree

Whether waters polluted only by nonpoint sources are subject to the listing and total-maximum-daily-load requirements of Clean Water Act Section 303.

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