EPA Appeals Landmark Decision Requiring Update Of Oil Spill Rules

October 15, 2021
EPA is appealing a landmark federal district court decision that found the agency has a nondiscretionary duty under the Clean Water Act (CWA) to update its National Contingency Plan (NCP) oil spill rules, and that EPA breached that duty when it failed to issue a final updated rule -- with the appeal signaling the agency will fight the CWA precedent. The agency’s decision to appeal Alert Project/Earth Island Institute, et al. v. Michael Regan, et al. to the U.S...

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