EPA Defends ‘Special Case’ CWA Exclusion From Legal Challenges

EPA is urging a federal district court to find that it properly excluded 1,365 acres of salt ponds adjacent to San Francisco Bay from Clean Water Act (CWA) jurisdiction, one of the rare cases where EPA has invoked its “special case” authority allowing it, rather than the Army Corps of Engineers, to make the final CWA jurisdictional determination. In a March 12 brief , which EPA filed jointly with the development company that is an intervenor in the case, the...