9th Circuit Urged To Rehear Ruling Avoiding Merits Of CWA 'Transfer' Rule

Environmentalists are urging a federal appeals court to rehear its decision that rejected their suit over EPA's rule exempting many water transfers from Clean Water Act (CWA) discharge permits without considering the actual merits of the rule, saying the judges' decision was procedurally improper and based on disputed facts. In an Oct. 5 petition, advocates ask for the U.S. Court of Appeals for the 9th Circuit for either rehearing by the three-judge panel that initially decided the case, Oregon Natural...