Industry Says Tight EPA 'Waters' Rule Deadline May Open Door To Lawsuit

摘要

Industry critics of EPA's proposal to define the Clean Water Act's (CWA) scope say the agency's tight self-imposed deadline of issuing a final version by early 2015 could open the door to a suit claiming EPA violated the Administrative Procedure Act (APA) by not allowing enough time to fully review all comments on the proposed rule. EPA however continues to adhere to the spring 2015 goal and is seeking additional public input on the proposal, according to comments Oct. 22 from Ken Kopocis, the agency's deputy assistant administrator for water, at an event in Bladensburg, MD. He said EPA intends to finalize a rule "early next year. [In the] first part, not later" and said, "If you give me another 100 or 200 thousand [comments]... keep it up, I know we're going to get well over a million."