1st Circuit Ruling Raises Questions About EPA’s CWA Permitting Role

The recent ruling from the U.S. Court of Appeals for the 1st Circuit is highlighting what some legal experts say is a growing concern over whether courts or EPA has the most authority in administering highly technical aspects of the Clean Water Act (CWA), such as the discharge permitting program. The July 1 ruling in Conservation Law Foundation (CLF) v. ExxonMobil is just one of several pending CWA citizen suits where courts are grappling with fact-specific situations to determine...