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...

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