11th Circ. Gears Up For EPA Water Transfer Case

Law360, New York (August 22, 2008, 12:00 AM EDT) -- Numerous challenges to the U.S. Environmental Protection Agency’s June water transfer rule have been consolidated into one case, propelled by a groundswell of contention between environmentalists and water providers across the United States.

Five cases brought by environmental groups were combined before the U.S. Court of Appeals for the Eleventh Circuit earlier this month, aiming to sink an EPA rule exempting certain water transfers from the need for permits under the National Pollutant Discharge Elimination System.

But state agencies seeking to intervene argue that overturning the...
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