Eyes On 2nd Circ. After 9th Skirts Water Transfer Rule

Law360, New York (September 1, 2015, 3:25 PM EDT) -- The Ninth Circuit recently found that a Clean Water Act permit wasn't required to transfer water from the Lower Klamath Lake to the Klamath River but avoided the thornier issue of the validity of the EPA's water transfer rule, leaving experts to watch how the Second Circuit handles a case over the rule.

In an affirmation of an Oregon federal court's ruling, the Ninth Circuit found that the river water is not "meaningfully distinct" from drain water flowing into it, and under the U.S. Environmental Protection Agency's 2008 National Pollutant Water Transfer Rule, no permit was necessary. Environmentalists had accused the...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!