Strengthening EPA Water Transfers Rule At The 2nd Circ.

Strengthening EPA Water Transfers Rule At The 2nd Circ.

Feb 03, 2017


Co-author, Law360, February 3, 2017

“If one takes a ladle of soup from a pot, lifts it above the pot, and pours it back into the pot, one has not ‘added’ soup or anything else to the pot.”[1]

The Second Circuit issued a highly anticipated ruling confirming the legality of the U.S. Environmental Protection Agency’s Water Transfers Rule in Catskill Mountains Chapter of Trout Unlimited Inc. v. EPA, No. 14-1823, 2017 (2d Cir. Jan. 18, 2017). The ruling is significant because water providers utilize water transfers throughout the country and especially in arid Western states, where water providers frequently access supplies from rivers, lakes and streams located in entirely different watersheds.

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