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10th Circuit Rejects District Court’s Maui Application, Citing Additional Factors

Environmental Law Chair Jeff Porter was quoted by Inside EPA in its reporting on a 10th Circuit decision to reverse a district court ruling that a Colorado gold mine was not required to obtain a National Pollution Discharge Elimination System (NPDES) permit for its settling ponds.

Jeff commented, “The bottom line is the Supreme Court that decided Maui, which is much different than the Supreme Court that decided Sackett, may have been optimistic in thinking that it had done that which is necessary for District Courts to do the job it gave them and, until Congress acts, the battles between courts and agencies, and now courts and courts, over the reach of the Act will continue.”


Inside EPA