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Center For Regulatory Reasonableness v. EPA

Citation: 47 ELR 20031
No. 14-1150, (D.C. Cir., 02/28/2017)

The D.C. Circuit held that it lacks jurisdiction to hear a challenge to EPA's 2011 stormwater policy letters with respect to publicly owned water treatment facilities. In an 2013 decision, the Eighth Circuit vacated two EPA letters announcing new legislative rules for water treatment processes at municipally owned sewer systems. The June 2011 letter creates a new legal norm for bacteria mixing zones based on EPA's authority to promulgate effluent limitations. EPA made statements indicating that it would not follow the Eighth Circuit's decision outside of that circuit. An industry group challenged EPA's stance on the appellate court ruling. The D.C. Circuit held that direct review of the policy letters was no longer timely, and that the industry group must challenge the letters in district court. The petition was dismissed on procedural grounds.