EPA Asks DC Circ. Not To Rehear Water Pollution Rule Case

Law360, New York (May 18, 2017, 4:05 PM EDT) -- The U.S. Environmental Protection Agency has asked the D.C. Circuit not to revisit its ruling that the court can’t hear an industry challenge to an agency decision to apply an Eighth Circuit finding over improperly crafted water pollution rules only to states in that circuit court’s jurisdiction.

The EPA said Tuesday that its decision to only adhere to the Eighth Circuit’s March 2013 ruling in states within the Eighth Circuit and not nationwide did not constitute the promulgation of new rules and that the D.C. Circuit...
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