Does Affected Stakeholder Have Due Process in Water Pollutant Limits?

Board of Commissioners of Fairfield County v. Scott J. Nally, Director of Environmental Protection, Case no. 2013-1085

Tenth District Court of Appeals (Franklin County)

ISSUES:

Is a total maximum daily load (TMDL) a rule that must be promulgated in accordance with Ohio law before it can be used as a basis for imposing National Pollution Discharge Elimination System (NPDES) permit limits?

Is the right to a de novo challenge to a TMDL developed by Ohio EPA guaranteed by Ohio law, and does U.S. EPA's approval of a TMDL under federal law limit that right or provide a valid basis to uphold the TMDL?

Does a ruling that U.S. EPA's approval of an Ohio EPA-developed TMDL limits the scope of review provided under Ohio law insulate the TMDL from a meaningful challenge, and deny procedural due process of law?