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1st Circuit Defers To EPA Science In Ruling Backing CWA Nutrient Permit

July 10, 2018
The U.S. Court of Appeals for the 1st Circuit is emphasizing the judicial deference EPA receives on its scientific judgment in a ruling backing an agency-crafted Clean Water Act (CWA) discharge permit for a Massachusetts wastewater plant, setting a high bar for challengers to prove regulators abused their discretion in setting a discharge limit. The July 9 unanimous opinion in City of Taunton, MA, v. EPA rejects Massachusetts' argument that faulty science was used to justify tightening the nitrogen...

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