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Ninth Circuit Vacates EPA Rule Excepting Oil and Gas Construction Discharges from NPDES Permitting

The Energy Law Blog

The Ninth Circuit found EPA’s rule, which was a codification of a recent exemption added to the Clean Water Act (CWA or the Act), to be an impermissible interpretation of the Act. In order to revise its codification of this statutory exemption to include discharges from construction activities, EPA revised 40 C.F.R.

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