EPA Asks 5th Circ. To Flip Gulf Dead Zone Ruling

Law360, New York (February 28, 2014, 1:33 PM EST) -- The U.S. Environmental Protection Agency on Thursday asked the Fifth Circuit to overturn a ruling that it must re-examine a request for rules to curb the pollution behind marine “dead zones,” arguing the decision undermines its authority.

Under the lower court's September ruling, the EPA can’t refuse to make a determination in a petition concerning the zones, in which marine life is sparse or nonexistent. Gulf Restoration Network and other environmental groups had accused the EPA of rejecting their 2008 petition to establish standards for nitrogen...
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