January 18, 2017
A panel of the 2nd Circuit Court of Appeals reversed the Southern District of New York and reinstated EPA’s Water Transfers Rule, which the District Court had vacated and remanded. EPA’s Water Transfers Rule, 40 C.F.R. § 122.3(i), excludes water transfers from the National Pollutant Discharge Elimination System (NPDES) program of the federal Clean Water Act, which historically applies to municipal wastewater and industrial discharges. 33 USC § 1342. Water transfers are essential components of the supply water infrastructure of virtually every western city and irrigated agriculture, but do not cause serious water quality problems.
Peter Nichols successfully argued the cause for the West in NYC. Peter is the lead counsel for western municipalities, irrigators, water conservation, conservancy and irrigation districts and water user associations. He is also a special assistant attorney general for Colorado and New Mexico, and co-counsel for the Western States.