EPA Water Pollution Memo Gets Icy Reception From All Sides (1)

The EPA on Tuesday issued draft guidance clarifying permitting requirements for pollution discharges into federal waters that drew swift criticism from both industry and environmentalists.

The Supreme Court ruled in County of Maui v. Hawai’i Wildlife Fund in April that the Clean Water Act’s permitting requirements extend to indirect pollution that is the “functional equivalent” of a direct discharge.

The Environmental Protection Agency said in its draft guidance that permits likely would be needed only under very narrow circumstances if pollution reaches federal waters indirectly. Regulators should consider both the concentration of indirect pollution and the design of the facility ...