EPA Response To 8th Circ. Ruling Invites Legal Trouble

Law360, New York (December 3, 2013, 7:01 PM EST) -- The U.S. Environmental Protection Agency's decision to limit an Eighth Circuit ruling on wastewater treatment to the court's jurisdiction rather than issuing a nationwide policy has outraged municipal water agencies determined to fight permit restrictions in court, a battle experts say they are well-positioned to win.

The appeals court ruling is nearly nine months old, but the EPA remained quiet about its application until the agency's acting assistant administrator for water, Nancy Stoner, confirmed last month that the EPA believes the decision only applies in the...
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