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Rio Hondo Land & Cattle Company, L.P., v. Village of Ruidoso; City of Ruidoso Downs, No. 19-9531.
The Court addressed whether the issuance of the NPDES Permit constituted impermissible backsliding under the Clean Water Act.
The United States Environmental Protection Agency (“EPA”) issued an NPDES Permit to a wastewater treatment plant (“Plant”) that serves the Village of Ruidoso and City of Ruidoso Downs in New Mexico in 2017. The issued Permit was a renewal of a NPDES permit previously issued in 2012.
The reissued Permit did not include concentration-based limits for either nitrogen or phosphorus. It did include mass-based limits for nitrogen and phosphorus in accordance with a Total Maximum Daily Loading (“TMDL”) for a portion of a stretch of The Rio Ruidoso River (“Ruidoso”). The Ruidoso is classified under the Clean Water Act as marginally impaired for the nutrients nitrogen and phosphorous.