New York Partner Andrew Otis was quoted by E&E News Greenwire surrounding a proposal in Missouri that could roll back requirements for coal ash ponds, which some say could be “testing the boundaries” of the U.S. Supreme Court’s 2020 ruling in County of Maui v. Hawaii Wildlife Fund.
Otis is quoted as saying: “The Supreme Court created a complicated set of criteria for decisionmaking that can only be enforced by district courts. In order for this to become more rational and regular, EPA needs to go into rulemaking to basically determine when a discharge to groundwater requires an NPDES permit.”
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