CWA by failing to establish TMDLs and TMDTLs for Virginia's waters. It is clear that plaintiffs could have made such an allegation in good faith only after ascertaining whether Virginia's waters in fact required the establishment of TMDLs and/or TMDTLs. Indeed, as discussed more fully in American Canoe I, the identification of WQLSs is "the starting point for the CWS’s pollution regulation process,” including the establishment of TMDLs and TMDTLs for Virginia’s impaired waters. American Canoe I, 30 F.Supp.2d at 912-13. Accordingly, EPA’s suggested 40% cut for plaintiffs' APA claims is too severe and wrongly pigeonholes plaintiffs' factual research to APA fee ineligible claims. Cf. Sierra Club v. Hankinson, No. 1:94-cv-2501-MHS (N.D.Ga. Apr. 18, 1997) (order awarding attorneys’ fees) (<HOLDING>). Of course, whether plaintiffs may ultimately
holding that preliminary research was a necessary precursor to filing this case and that time spent conducting such research is compensable because this complex case in an untested area of law necessitated substantial preliminary research for full compliance with rule 11 holding that plaintiffs were not entitled to a preliminary injunction recognizing this rule holding that substantial compliance with notice is sufficient recognizing the uncertain state of federal law in this area