EPA Approval of Montana Water Quality Request Upheld on Appeal

Oct. 6, 2021, 7:30 PM

The EPA can approve a variance for wastewater treatment facilities in Montana without requiring that the state reach the “highest attainable condition” of a water body or comply with the state’s base water quality standards, the Ninth Circuit ruled Wednesday.

The Environmental Protection Agency’s variance regulation says compliance with the highest attainable condition isn’t required at the start, according to the U.S. Court of Appeals for the Ninth Circuit. Also, the lower court failed to find a provision in the regulation that says the variance must require compliance with the base standards by the end of its term, the appeals ...

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