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Ohio Valley Environmental Coalition v. McCarthy

ELR Citation: ELR 20122
Nos. 3:15-0277, (S.D. W. Va., 06/19/2015) (Chambers, C.J.)

A district court dismissed environmental groups' CWA citizen suit against EPA for failing to respond in writing to their administrative petition seeking withdrawal of West Virginia's NPDES permit program, but held that the groups may go forward with their claim that the Agency's failure to timely respond to their petition constitutes "agency act...

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