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Inside EPA - 08/02/2019

Democratic AGs Vow To Ignore ‘Unlawful’ EPA CWA Section 401 Guidance

July 29, 2019
Democratic attorneys general (AGs) from 14 states are urging EPA to withdraw a controversial guidance on how states can place water quality conditions on federally approved permits, arguing the guidance is contrary to the Clean Water Act (CWA) and case law and vowing to adhere instead to existing, binding requirements. “The Guidance undermines the cooperative federalism framework of the Clean Water Act and directly contradicts both the language and intent of the statute as well as applicable case law; and...


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