Gulf Restoration V. Jackson: A Back-Handed Win For EPA

Law360, New York (October 23, 2013, 1:42 PM EDT) -- On Sept. 20, 2013, the U.S. District Court for the Eastern District of Louisiana in Gulf Restoration Network v. Jackson rendered a decision that seems to have simultaneously expanded and reduced the discretion of the U.S. Environmental Protection Agency to decide when federal numeric nutrient criteria (NNC) are “necessary” for a state or group of states.[1]

The court concluded that while the Clean Water Act (CWA) requires the EPA to make a threshold determination as to “necessity,” in response to a petition by environmental plaintiffs, the...
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