EPA Letters Violated New Regulation Rules, 8th Circ. Says

Law360, Los Angeles (March 25, 2013, 7:19 PM EDT) -- The Eighth Circuit ruled Monday that two U.S. Environmental Protection Agency letters to U.S. Sen. Charles Grassley, R-Iowa, violated federal administrative procedural law because they constituted new regulations on sewage bypass and were implemented without notice and comment periods.

In a 42-page decision in favor of the Iowa League of Cities, a three-judge panel unanimously rejected the EPA's argument that no procedural impropriety existed because the letters should have been considered “general policy statements, or at most, interpretive rules,” according to Monday's opinion.

The EPA sent...
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