EPA is rejecting industry's claim that a recent series of municipal Clean Water Act (CWA) permit vetoes proves the agency has "misrepresented" its response to a 2013 ruling saying it cannot bar "blending" of partially and fully treated wastewater in a wet weather event, saying the vetoes were state-specific and did not set new federal policy. In a March 27 brief to the U.S. Court of Appeals for the District of Columbia Circuit, the Department of Justice (DOJ) on EPA's behalf said that despite the vetoes, the agency still has yet to make a final decision on how it will enforce a 2013 8th Circuit ruling that bars prohibitions on blending of wastewater.
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