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Utilities Urge EPA To Fix SDWA Constitutional Concern In Perchlorate Rule

November 30, 2018
Rural water utilities are suggesting that a provision in the Safe Drinking Water Act (SDWA) that gives the EPA administrator “sole judgment” to determine new contaminants may be vulnerable to a constitutional challenge under the “non-delegation” doctrine, and are urging the agency to address the issue in an upcoming rule governing perchlorate. “Given the premise that the SDWA provides the Administrator with 'sole judgment' to determine new contaminants to regulate and that we are not aware of any intelligible principle...

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