USEPA Opts Not to Appeal 8th Circuit Decision in Iowa League of Cities v. EPA

USEPA has decided not to appeal the 8th Circuit’s March 25, 2013 decision in Iowa League of Cities v. EPA, which vacated USEPA’s across-the-board prohibitions on the use of mixing zones for primary contact recreation waters and “blending” for peak wet weather flows.  The 8th Circuit previously denied USEPA’s request for rehearing.  The deadline for filing an appeal to the US Supreme Court was October 10.  As discussed in an earlier frESH law blog post, the 8th Circuit’s decision is important for a number of reasons, including opening the door for review of other agency policy statements that articulate a change in policy that is considered binding on the regulated community. While USEPA opted not to appeal the ruling, the Agency will likely seek to limit its impact by taking the position that the decision is limited only to the 8th Circuit.