Get 40% Off
👀 👁 🧿 All eyes on Biogen, up +4,56% after posting earnings. Our AI picked it in March 2024.
Which stocks will surge next?
Unlock AI-picked Stocks

EPA 'water transfers' rule revived by U.S. appeals court

Published 2017-01-18, 12:42 p/m
Updated 2017-01-18, 12:50 p/m
© Reuters.  EPA 'water transfers' rule revived by U.S. appeals court

By Jonathan Stempel

NEW YORK, Jan 18 (Reuters) - A divided U.S. appeals court on Wednesday revived an Environmental Protection Agency rule permitting government agencies to transfer water between different bodies, such as rivers and lakes, without needing to safeguard for pollution.

Reversing a lower court ruling in the widely followed case, a 2-1 panel of the 2nd U.S. Circuit Court of Appeals in New York said the EPA acted reasonably in 2008 in adopting its "Water Transfers" rule, over the objections of environmental groups.

At issue was whether New York City needed a permit to draw water from the upstate Schoharie Reservoir, through an 18-mile tunnel discharging sediment-laden water into the Esopus Creek popular with trout fishers, and later to the city's faucets to provide its millions of residents with drinking water.

The EPA said its rule exempting the city from needing a Clean Water Act permit for such transfers reflected Congressional intent.

Writing for Wednesday's majority, Circuit Judge Robert Sack said federal courts should not second-guess the EPA view that the rule properly balanced the need to improve water quality with the potentially high costs of permits.

"While we might prefer an interpretation more consistent with what appear to us to be the most prominent goals of the Clean Water Act," Sack wrote, "so long as the agencys statutory interpretation is reasonable, what we might prefer is irrelevant."

The 85-page decision reversed a March 2014 ruling by U.S. District Judge Kenneth Karas in White Plains, New York.

Circuit Judge Denny Chin dissented. He called the EPA's position "unreasonable, arbitrary and capricious," and said Congress "did not intend to give a pass to interbasin transfers of dirty water."

3rd party Ad. Not an offer or recommendation by Investing.com. See disclosure here or remove ads .

New York, eight other U.S. states, the Canadian province of Manitoba, and environmental groups such as the National Wildlife Federation opposed the EPA rule. California, 11 other Midwestern and Western states, and New York City supported it.

Also supporting the rule was the South Florida Water Management District, which oversees an area where polluted water has been pumped from canals into Lake Okeechobee.

A lawyer for the environmental groups was not immediately available for comment. A spokesman for New York Attorney General Eric Schneiderman declined to comment.

The EPA, the New York City Law Department, and the South Florida district had no immediate comment.

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.