Judge Vacates Trump EPA's Salt Ponds CWA Jurisdictional Determination

摘要

A federal judge has vacated a Trump EPA decision excluding California salt ponds from Clean Water Act (CWA) jurisdiction after finding the agency misapplied relevant appellate court decisions, and is ordering EPA to reconsider the question anew in light of both Supreme Court and appellate precedent and any applicable interpretative regula-tions. EPA in the consolidated case San Francisco Baykeeper, et al. v. EPA told the U.S. District Court for the Northern District of California that the question of whether the salt ponds were subject to the CWA is controlled by precedent from the U.S. Court of Appeals for the 9th Circuit, Judge William Alsup says in his Oct. 5 order.