The EPA’s decision withdrawing an order to restore wetlands at a site in Idaho didn’t change the agency’s original finding that the property contained wetlands subject to protection under the Clean Water Act, the Ninth Circuit affirmed Monday in a loss for the property owners.
The Environmental Protection Agency’s withdrawal of the compliance order didn’t bind the agency, and it could change positions under new leadership, according to the U.S. Court of Appeals for the Ninth Circuit. Also, the letter didn’t change the EPA’s position that it has the authority to regulate the property, the court said.
It isn’t “absolutely ...