EPA's Duty To Promulgate ELGs

Law360, New York (October 3, 2008, 12:00 AM EDT) -- On Sep. 18, the U.S. Court of Appeals for the Ninth Circuit upheld a decision by the United States District Court for the Central District of California requiring the United States Environmental Protection Agency (“EPA”) to promulgate effluent limitations guidelines (“ELGs”) and new source performance standards (“NSPSs”) for pollution discharges caused by the construction and development industry. Natural Resources Defense Counsel v. United States Environmental Protection Agency (“NRDC v. EPA”) (9th Cir. Sep. 18, 2008).

The States of Connecticut and New York, along with the New...
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