9th Circuit Finds Courts May Review EPA Withdrawals Of CWA Permit ‘Veto’

June 17, 2021
A federal appellate court in a precedent-setting decision has found that courts can review whether an EPA withdrawal of a proposed Clean Water Act (CWA) permit “veto” violated the Administrative Procedure Act (APA) but has left it to a lower court to determine whether a Trump EPA withdrawal of a proposed permit veto of the Pebble Mine was arbitrary and capricious. The 2-1 ruling from the U.S. Court of Appeals for the 9th Circuit issued June 17 in Trout Unlimited,...


Not a subscriber? Sign up for 30 days free access to exclusive environmental policy reporting.