EPA Gets Overturned On SF Salt Pond Oversight

Law360 (October 6, 2020, 4:24 PM EDT) -- A California federal judge tossed the U.S. Environmental Protection Agency's finding that salt ponds near San Francisco Bay are not covered by the Clean Water Act, instructing the agency to reconsider the issue and pointing toward a prior appeals court decision that called for regulation.

U.S. District Judge William Alsup on Monday said that while the history and application of the Clean Water Act is undeniably complex, EPA headquarters ignored Ninth Circuit precedent and its own regional draft determination that the roughly 1,300 acres of ponds were "waters of the United States" when it said the CWA doesn't apply to the ponds. The agency got it...

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