Rebutting fishable/swimmable stream use standards

Article Abstract:

A court case pitting the Idaho Mining Assn Inc against the EPA in 2000 serves as an example that challengers to the agency must prove that it has disregarded cogent evidence and common sense if they wish to show that the EPA has abused its discretion in setting a use designation or standard. In this particular case, a federal district court ruled that the EPA's designation of cold water biota uses for Shields Gulch, ID, was an abuse of its discretion. The court found that the EPA had no supporting biological, chemical or physical data concerning the suitability of Shields Gulch for cold water biota.

Administration of Air and Water Resource and Solid Waste Management Programs, Idaho, Environmental Protection Agency

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Judicial equities override filtration requirement

Article Abstract:

A federal court denied an injunction by the Environmental Protection Agency against the Massachusetts Water Resources Authority regarding the EPA rule for filtration of surface water used for water supply. The Authority's alternative plan for water treatment was found to provide sufficiently safe water.

Massachusetts, Water Supply, Cases, Column, United States. Environmental Protection Agency, Protection and preservation, Water-supply, Massachusetts. Water Resources Authority, Filtration

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Risk of personal liability for environmental violations

Article Abstract:

An Indiana Supreme Court case held that officers, managers, operators and shareholders could be held personally liable for environmental damages, although application of this principle varies. A person, to be liable, must hold a position of responsibility related to the damages.

Water Utilities, Natural resources, Interpretation and construction, Environmental aspects, Liability for environmental damages, Administrative responsibility

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