Environmental & Energy,
9th U.S. Circuit Court of Appeals
Oct. 27, 2021
Economic impacts are valid basis for Clean Water Act relief
A recent 9th Circuit ruling upheld the EPA’s discretion to consider economic impacts when determining whether the grant a variance from established water-quality standards.
In a decision that backs the Environmental Protection Agency's discretion under the Clean Water Act, the 9th U.S. Circuit Court of Appeals upheld the EPA's decision to allow wastewater treatment plants in Montana to discharge nitrogen and phosphorous at higher levels than would be allowed under existing water-quality standards because the cost of implementing treatment controls would be prohibitively high. $95
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