EPA’s Broad Discretion At Risk In Nutrient Petition Suit

Law360, New York (March 19, 2014, 8:24 PM EDT) -- The U.S. Environmental Protection Agency's legal tussle over nutrient standards is about far more than just nitrogen and phosphorous levels, as a defeat before the Fifth Circuit would likely force the agency to address a wide range of air and water issues it could otherwise brush aside.

Federal regulators are refusing to even consider a 2007 petition from Gulf Restoration Network, Natural Resources Defense Council, Sierra Club and nearly a dozen other environmental groups calling for quantifiable standards, claiming the idea is “unprecedented and complex.” Evaluating...
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