Appellate Judges Weigh Timing, Extent Of EPA Cost Calculus In CWA Veto

April 11, 2016
Two appellate judges on a U.S. Court of Appeals for the District of Columbia Circuit panel are weighing at what stage and to what extent EPA must consider cost in calculating whether a Clean Water Act (CWA) project may have “unacceptable” adverse effects in exercising its so-called veto authority to block disposal sites underlying CWA permits. “I don't see how you can determine something is unacceptable without looking at the universe of consequences,” Judge Brett Kavanaugh said during April 11...


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