Appellate Judges Doubt EPA’s Perchlorate Decision But Split On Reasons

January 27, 2023
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit appears to be skeptical of EPA’s decision to withdraw an affirmative determination to regulate perchlorate under the Safe Drinking Water Act (SDWA) though during Jan. 27 oral arguments they offered different reasons for their views. The panel, consisting of Judge Florence Pan and Senior Judges David Sentelle and David Tatel, heard arguments in the case Natural Resources Defense Council (NRDC) v. EPA where environmentalists...

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