Judges Question Industry Push To Overturn Chesapeake Bay Cleanup Plan

摘要

Federal judges appeared skeptical of industry's claims at recent oral arguments over the legality of EPA's landmark multi-state cleanup plan for the Chesapeake Bay, closely questioning the challengers' attorney over the basis of statements that the agency overstepped its Clean Water Act (CWA) authority when it crafted the plan. A three-judge panel of the U.S. Court of Appeals for the 3rd Circuit, which heard arguments in American Farm Bureau Federation (AFBF), et al. v. EPA, et al. Nov. 17, appeared concerned that industry was asking the court to break with prior decisions from other circuits or to downplay statutory terms, while aiming fewer questions at EPA and its defenders, according to a recording posted by the 3rd Circuit.