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Idaho Conservation League v. U.S. Environmental Protection Agency

ELR Citation: 50 ELR 20219
Nos. 18-72684, (9th Cir., 09/10/2020)

In an unpublished opinion, the Ninth Circuit granted in part and denied in part an environmental group's petition to review EPA's approval of the Idaho Pollution Discharge Elimination System (IPDES). Specifically, the court denied the petition with respect to the group's challenges concerning the statute of limitations and the Idaho State Department of Agriculture's alleged role in administering concentrated animal feeding operation permits, but granted it with respect to invocation of the improper mens rea standard because EPA approved the IPDES even though it used a standard greater than simple negligence. It therefore remanded without vacatur for EPA to promptly address the IPDES' deficiency with respect to the mens rea standard.