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4th Circuit Grapples With 'Constructive Submission' Theory In TMDL Suit

May 15, 2018
Appellate judges at recent oral argument grappled with whether and how to address the controversial judicial theory of “constructive submission” in deciding whether a lower court erred in mandating West Virginia to develop certain waterbody cleanup plans -- an issue that Trump administration officials have said has significant federalism implications. A three-judge panel of the U.S. Court of Appeals for the 4th Circuit that heard the May 8 argument in Ohio Valley Environmental Coalition (OVEC) v. Pruitt queried administration...

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