States Warn EPA’s Draft CSO Guide Could Face Suits Over Climate Advice

April 1, 2024
States are warning that EPA’s draft guidance seeking to “clarify and inform” future Clean Water Act (CWA) permit decisions for combined sewer overflows (CSOs) could face potential legal challenges from more “litigious” states concerned that the agency lacks a regulatory “backstop” for climate and other provisions it recommends for inclusion when they update their years-old infrastructure upgrade plans. The Association of Clean Water Agencies (ACWA) notes in March 19 comments that where EPA recommends climate change as a consideration in...


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