EPA Won't Appeal SF Salt Pond CWA Ruling

Law360 (February 26, 2021, 7:57 PM EST) -- The U.S. Environmental Protection Agency said Friday it won't appeal a federal court decision tossing its finding that San Francisco area salt ponds aren't subject to the Clean Water Act, which opponents charged would let developers bypass regulation.

The EPA's decision comes months after a California federal judge ruled in favor of environmental groups and the state of California, which claimed the agency improperly determined the CWA does not apply to the Redwood City salt pounds, which are owned by an affiliate of Cargill Inc.

In that October decision, U.S. District Judge William Alsup said that, while the history and application...

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