9th Circ. Tells EPA To Reconsider Idaho Water Permit Program
Law360 (September 11, 2020, 4:39 PM EDT) — The U.S. Environmental Protection Agency improperly approved an Idaho water pollution permitting program that features a too-strict standard to prove criminal behavior, the Ninth Circuit said Thursday.
A unanimous three-judge panel partially sided with the Idaho Conservation League, which challenged the EPA’s approval of three components of Idaho’s plan to take over implementation of the National Pollutant Discharge Elimination System permit program. While the green group lost on two other points, winning on the criminal standard means the EPA now has to reconsider its approval of that part of the plan.
At issue was whether Idaho could take over administration of…