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Water, Water, Everywhere - Except for the West

After a 16 year-battle to preserve federal water transfer rules, Western states and water providers can finally rejoice. Late last month, the U.S. Supreme Court denied certiorari in a case involving several states and districts on water transfers, reaffirming a 2nd Circuit opinion from 2017 that excludes those transfers from pollutant permits under the Clean Water Act.

“We had not won anywhere along the line until we got to the 2nd Circuit, and there we won with a divided court,” Berg Hill Greenleaf Ruscitti partner Peter Nichols said. “Having the Supreme Court let that decision stand was a huge relief. It meant we finally achieved what we set out to achieve.” Nichols has served as lead counsel for the Western water providers throughout litigation. 

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