EPA Water Transfer Exemption Rule Unlawful, Judge Finds

By Kelly Knaub (March 31, 2014, 3:17 PM EDT) -- A New York federal judge on Friday decided that a U.S. Environmental Protection Agency rule exempting certain water transfers from Clean Water Act permitting requirements is unlawful in two cases brought by conservation groups and a number of states against the agency.

The EPA had contended that the rule gives states more flexibility to protect water quality without obtaining federal permits and that it had lawfully interpreted the CWA in implementing the rule, but U.S. District Judge Kenneth M. Karas found that the agency had failed to provide a reasoned explanation for its interpretation of the law. The judge accordingly remanded...

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