Browner

This is a citizen suit brought under the Clean Water Act (“CWA” or “Act”) to compel the Environmental Protection Agency (“EPA”) to implement the Act’s provisions requiring the EPA to establish total maximum daily loads (“TMDLs”) for Aaskan waters in order to achieve desired standards of water quality. Plaintiffs in this suit are four environmental organizations and their members (collectively, “ACE”) who have alleged that they use Aaskan waters and are adversely affected by the EPA’s failure to establish the required TMDLs. The district court issued an injunction aimed at bringing about EPA compliance with the Act. The EPA appeals, challenging plaintiffs’ standing and certain remedial aspects of this injunction order. We affirm.

I. Background.

The background of this action and the statutory scheme of the CWA are excellently summarized in the district court’s first published opinion in this case granting partial summary judgment in favor of the plaintiffs and holding that the EPA was in flagrant violation of the mandatory requirements of the Act. Alaska Center for the Environment v. Reilly, 762 F.Supp. 1422 (W.D.Wa.1991) *983 (“ACE I ”). As the district court explained, the CWA…