EAB Poised To Hear Suit Testing EPA Deference For CWA Nutrient Permits

摘要

EPA's Environmental Appeals Board (EAB) is poised to hear oral argument in a novel Clean Water Act (CWA) permit challenge that could set new standards for how regulators must justify discharge limits on nutrients and test the agency's deference on crafting such permits, though EPA claims the challenge has major factual errors. The board in a Jan. 26 order scheduled argument for Feb. 9 in In re: City of Taunton Department of Public Works, where the Massachusetts wastewater department is hoping to overturn a 2015 CWA discharge permit that sets strict limits on nitrogen releases from its treatment plant. A win for the city, either at the EAB or on appeal of the board's eventual ruling to a federal court, would restrict the deference permit writers have long received on their scientific judgment.