impaired waters

Ninth Circuit allows landowner to challenge impaired water listing

UPDATED. See below. An odd judicial couple, conservative Jay Bybee (of torture memo fame) and liberal Stephen Reinhardt, have combined to issue an even odder Clean Water Act standing decision. In Barnum Timber v. EPA they ruled, over the dissent of District Judge James Gwin, sitting by designation, that a landowner had standing to challenge …

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