EPA Seeks Dismissal Of Environmentalists’ CWA Section 401 Rule Lawsuit

October 9, 2020
EPA is urging a federal district court in Pennsylvania to dismiss environmentalists’ lawsuit over the agency’s new Clean Water Act (CWA) rule that narrowed the scope of states’ review of water quality impacts from federally permitted projects, arguing the rule can only be challenged when it is applied and that the plaintiffs lack standing. “As explained below, Plaintiffs’ challenge to the Certification Rule is justiciable only in the context of a challenge to a specific application of the Rule in...

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