Monday, August 18, 2014

El Dorado Chemical Company v. EPA

El Dorado Chemical Company  v.  EPA - 8/15/14. In the U.S. Court of Appeals, Eighth Circuit, Case No. The Panel ruled that the district court did not err in upholding the EPA's ruling rejecting Arkansas's water quality standards governing plaintiff's discharge of dissolved minerals; the EPA's reading of the relevant regulations to permit it to look at downstream waters when evaluating a state's water quality standards was not plainly erroneous; the EPA's determination that Arkansas's supporting documentation was insufficient to demonstrate that the proposed standards were appropriately protective of aquatic life in the downstream waters had a rational basis and the decision to reject the State's standards was not arbitrary or capricious.

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