Arguing Injury Can Prevent Harm From EPA Water Listing

Law360, New York (July 30, 2014, 10:05 AM EDT) -- The listing of a water body as impaired under the Clean Water Act often sets off a chain reaction of events that can lead to significant increases in costs for those who discharge to that body of water or who would propose to do so in the future. By attacking this reaction at its source, challenges to an erroneous listing can effectively prevent unnecessary future expenditures. These challenges, however, often face formidable jurisdictional hurdles. Based on recent case law, this article explores strategies for overcoming these...
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