An opinion from the U.S. District Court of Northern California holding that the 2020 Water Quality Certification Rule was arbitrary and capricious and vacating and remanding the rule to the EPA. The states argued the EPA’s new rule unlawfully violated the plain language, intent and established case law interpreting the Clean Water Act. The states involved in the challenged included Washington, California, New York, Colorado, Connecticut, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Wisconsin and the District of Columbia.
401 vacator
