11th Circ. Won't Review Challenges To EPA Water Transfer Rule

Law360, New York (October 26, 2012, 5:32 PM EDT) -- The Eleventh Circuit on Friday shot down a bid by the U.S. Environmental Protection Agency urging it to rule on petitions challenging a rule that exempts certain water transfers from Clean Water Act permit requirements, saying it lacked jurisdiction.

After the EPA issued a new rule in 2008 exempting water transfers from the permit requirements of the CWA — even when such transfers introduce pollutants to the destination water body — several environmental groups, nine U.S. states and the Canadian province of Manitoba filed petitions for...
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