11th Circ. Says EPA-Alabama Water Partnership Can Stand

Law360 (September 12, 2019, 6:21 PM EDT) -- The Eleventh Circuit said Thursday that the U.S. Environmental Protection Agency does not have to withdraw from a partnership with Alabama that allows the state to issue permits under the Clean Water Act even though environmental groups said Alabama’s program has sometimes strayed from federal law.

In an issue of first impression, a unanimous panel held the CWA does not dictate that the EPA separate from its partnership with Alabama even though its permit program “has not always complied with the requirements of the CWA.” Environmental groups including the Cahaba Riverkeeper challenged the partnership, citing a range of alleged state violations...

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