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Catskill Mountains Chapter of Trout Unlimited v. EPA

ELR Citation: 47 ELR 20011
Nos. 14-1991, (2d Cir., 01/18/2017)

The Second Circuit overturned a district court ruling that a 2008 EPA rule exempting water transfers from NPDES permitting requirements was contrary to the requirements established by the CWA. Several environmental groups brought suit against the Agency, arguing that water transfers can move harmful pollutants from one body of water to another, potentially putting local ecosystems and public health at risk. The district court held that, despite Chevron deference, the rule was an unreasonable reading of the CWA. The appeals court sided with EPA, stating the rule was a reasonable construction of the CWA supported by a reasoned explanation. The rule was reinstated.