Case opinion for us 10th circuit hayes v whitman vi vi read the courts full decision on findlaw. Hayes v whitman elr citation 32 elr 20043 nos 00 5113 264 f3d 1017 10th cir 08 29 2001 the court holds that a district court properly dismissed individuals clean water act cwa and administrative procedure act apa claims against oklahoma for failing to submit total maximum daily loads tmdls to the us environmental protection . Important paras we review the district courts denial of a motion to amend a complaint for abuse of discretion ramirez v oklahoma dept of mental health 41 f3d 584 596 n 9 10th cir 1994 we have often found untimeliness alone a sufficient reason to deny leave to amend. The ninth circuit agreed with the tenth circuits decision in hayes v whitman in which that court stated that the constructive submission theory applies only when the states actions clearly and unambiguously express a decision not to submit tmdls
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