In Win For EPA, 9th Circuit Reverses Montana Nutrient Variance Ruling

October 6, 2021
The U.S. Court of Appeals for the 9th Circuit has reversed a lower court’s ruling that found fault with the way Montana had structured a years-long variance to stringent numeric nutrient water quality standards (WQS), determining EPA was correct in approving the variance under the Clean Water Act (CWA) and the law’s implementing regulations. The Oct. 6 unanimous ruling from a three-judge panel of the appellate court in Upper Missouri Waterkeeper v. EPA is a major win for EPA,...

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