On January 6, 2009, the US Court of Appeals for the Sixth Circuit rejected a final rule issued by the Environmental Protection Agency (EPA), which would have allowed certain pesticides to be exempt from a federal permitting process for dumping into water. Both environmental and industry groups brought suit against the EPA. Environmental groups argued that the EPA rule exceeded its authority when it exempted certain pollutants from the permitting process. Industry groups argued that the final rule was arbitrary and capricious. In rejecting this rule, the court reasoned [PDF] that the Clean Water Act clearly defined the meaning of "pollutant," eliminating the requirement for an interpretive rule.
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