Water Quality and Wetlands Committee Report
ABA Section of Environment, Energy, and Resources
146 WATER QUALITY AND WETLANDS 2008 Annual Report1 I. JUDICIAL DEVELOPMENTS A. Section 303: Water Quality Standards In Kentucky Waterways Alliance v. Johnson,2 environmental groups appealed a district court’s grant of summary judgment challenging the EPA’s approval of Kentucky’s anti-degradation implementation regulations.3 The Sixth Circuit upheld the EPA’s approval of Kentucky’s method of selecting certain waters for Tier II4 protection despite Plaintiffs’ argument that such approval was...