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Expert Analysis

3rd Circ. Gives EPA Broad Discretion In Chesapeake Bay

Law360, New York (July 28, 2015, 1:00 PM EDT) -- On July 6, 2015, the Third Circuit upheld the Total Maximum Daily Load adopted by the U.S. Environmental Protection Agency to regulate discharges of nitrogen, phosphorous and sediment into the Chesapeake Bay watershed. See American Farm Bureau Federation v. EPA, No. 13-4079 (3d Cir. July 6, 2015). The case is important because it affords broad discretion to the EPA in implementing the requirements of the Clean Water Act. In particular, it gives the EPA wide latitude in using the TMDL process to regulate nonpoint sources of pollution, which typically are regulated by the states, not the federal government....

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