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EPA Claims Broad Discretion To Reject Suits Targeting State NPDES Powers

December 05, 2017
EPA is defending its decision to work with Alabama on improving the state's Clean Water Act (CWA) permitting program rather than revoking the state's authority to issue discharge permits as environmentalists had sought, arguing the CWA provides broad discretion in how to respond to such petitions and that requiring automatic withdrawal proceedings is contrary to cooperative federalism. The CWA “is silent on the question of when withdrawal proceedings are required, or even desired, and EPA has broad discretion to make...

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