EPA Drops Appeal of S.F. Salt Pond Case
The new Biden EPA administration's orientation continues to express itself in the courts. Last year, the prior administration declared salt ponds in the San Francisco Bay to be "fast land" and therefore not covered by the CWA. It was an unusual interpretation of the Act. Citizen groups sued EPA over it, and won. See my Oct. 6, 2020 blogpost for more.
The prior administration appealed to the Ninth Circuit. According to press reports, EPA notified the Ninth Circuit on Feb. 26 that it is withdrawing the appeal. No big surprise there. It will be interesting to see what DOJ does with all of the other CWA litigation pending around the country. Stay tuned.
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