The Environmental Protection Agency can give West Virginia more time to develop its own limits on the amount of contaminants that can be discharged into already-polluted rivers and streams, a federal appeals court held on Tuesday.
A unanimous three-judge panel of the 4th U.S. Circuit Court of Appeals reversed a 2017 ruling in favor of the Sierra Club and other groups, who sued the EPA under the Clean Water Act. They argued that the state’s five-year failure to set such limits was a “constructive submission” of a plan to set no limits, which triggered a 30-day window for the EPA to take action.
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