EPA Defends Decision Not To Regulate Perchlorate

Law360 (July 31, 2020, 5:12 PM EDT) -- The U.S. Environmental Protection Agency is insisting it has the authority to reverse course and not regulate perchlorate in drinking water, asking a federal court not to enforce a previous settlement under which the EPA agreed to establish a timeline to regulate the chemical.

The EPA told a New York federal court Thursday that a settlement with the Natural Resources Defense Council is now unenforceable because circumstances have changed, and the agency now believes the chemical is not as dangerous as it once thought. It said a review of information available showed the agency lacks the authority to impose the regulations...

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