EPA Interpretation Of Oil Spill Rule Requirements Faces Appellate Test

May 5, 2022
A California facility that manufactures asphalt emulsions is urging a federal appeals court to overturn EPA administrative rulings finding the facility violated provisions of the agency’s oil spill control regulations, arguing officials are seeking to use the enforcement action to unlawfully adopt a novel interpretation of the rule. Because “EPA’s interpretation of its [facility response plan (FRP)] regulations to presume that a facility within a half mile of a water body will discharge to that resource and can reasonably be...

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