Environmental groups have sued EPA alleging that the agency has failed to meet its legal mandate under the Clean Water Act (CWA) to adequately permit and regulate the discharge of nitrogen into the waters of Cape Cod. Conservation Law Found., Inc. v. EPA, No. 10-11455 (D. Mass. filed 8/24/10). The complaint argues that EPA acted improperly when it failed to identify discharges from septic systems, stormwater drainage systems and wastewater treatment facilities on Cape Cod as point sources of nitrogen pollution. It seeks a declaration from the court that the agency’s approval of 13 total maximum daily loads (TMDLs) for Cape Cod violated the CWA and an order setting aside those approvals. Plaintiffs also seek an order requiring EPA to set new TMDLs that designate septic systems, stormwater systems and wastewater treatment facilities as point sources.