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Pollutant Transfer Isn't Discharge: 11th Circ.

Law360 (June 4, 2009, 12:00 AM EDT) -- An appeals court has ruled that the transfer of a pollutant from one navigable body of water to another is not necessarily a “discharge of a pollutant” under the Clean Water Act, a move that comes amid several challenges to the U.S. Environmental Protection Agency’s recently enacted water transfer rule.

The Thursday ruling by a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit comes in a legal dispute between two environmental groups and water management authorities over permit requirements regarding the discharge...
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