Enviro Says Mont. Water Quality Exception Rightly Rejected

Law360 (November 15, 2019, 7:10 PM EST) -- An environmental group said Friday that a Montana federal judge shouldn't back away from his finding that a state regulation intended to provide flexibility to polluters struggling to meet water quality standards violates the Clean Water Act. 

The Upper Missouri Waterkeeper said U.S. District Judge Brian Morris properly concluded in March that the state measure provided a loophole that improperly allowed for pollution to exceed water quality requirements. The EPA's push in October for the judge to rehear the matter largely reiterated arguments the judge had already considered and rejected, the group said.

The EPA argued that Judge Morris "misunderstood" the EPA's...

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