Court Strikes Down EPA's Storm-Water Discharge Rule

Law360, New York (May 23, 2008, 12:00 AM EDT) -- A federal appeals court panel has struck down a rule that exempted storm-water discharges of sediment associated with oil and gas exploration from the requirements of the Clean Water Act.

In a 2-1 decision reached Friday, the U.S. Court of Appeals for the Ninth Circuit ruled that the Environmental Protection Agency's interpretation of the Clean Water Act was “arbitrary and capricious.”

It said that the EPA's rule, issued in June 2006, represented a complete departure from the agency's previous position.

“EPA has changed its interpretation of...
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