• Mark Ryan

A New WQS Case

Motions for reconsideration may make the lawyer on the losing side feel better, but they seldom succeed. Judges rarely reverse themselves. This one did.

Riverkeeper, Inc. v. EPA, 2020 WL 1188455 (S.D.N.Y. 2030) (on motion for reconsideration in action against EPA for failure under 303(c) to exercise nondiscretionary duty and undue delay in promulgating wqs in NY for water-borne pathogens, held that prior opinion did not address the APA claim which plaintiff had raised; plaintiff is granted permission to amend complaint to further explain APA claim)


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EPA/Corps WOTUS JD Tools

Yesterday, I wrote about the difficulty of determining whether a stream is intermittent or ephemeral under the new WOTUS rule, and I mentioned some computer models that are under development at the ag

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