Impaired Waters and Total Maximum Daily Loads (TMDL) Litigation Status

Lawsuits were filed against the Environmental Protection Agency regarding Missouri's TMDL program in 1998. The basic premise of the litigation was to ensure Missouri developed scientifically based 303(d) lists and TMDL documents. If the state does not fulfill its obligation, EPA is required to develop the impaired waters list and to complete the associated TMDLs.  In Missouri, all TMDLs and related products are developed by the department and approved by EPA.

The following documents were generated in response to lawsuit issues. The Memorandum of Understanding was agreed to by EPA and the department and this document also guides the overall TMDL process.