EPA Must Regulate Construction Industry: 9th Circ.

Law360, New York (September 19, 2008, 12:00 AM EDT) -- The U.S. Environmental Protection Agency must establish guidelines and standards to control storm water pollution caused by the construction industry, the U.S. Court of Appeals for the Ninth Circuit said Thursday, affirming a ruling by a federal trial judge in California.

The appeals court decision was a victory for the National Resources Defense Council and the Waterkeeper Alliance Inc., which had sued the EPA in 2004, complaining that storm water discharged from construction activity is harmful to the nation's waters.

The Clean Water Act mandates that...
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