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Administrative Law Keyed to Koch
Natural Resources Defense Council v. United States Environmental Protection Agency
Citation:
279 F.3d 1180 (2002)Facts
Log transfer facilities (LTFs) in Alaska place logs into marine waters for transport, causing bark and woody debris to be released into the water. This debris can accumulate and harm marine life. The EPA identified bark and woody debris as pollutants requiring permits under the Clean Water Act. In the mid-1990s, the EPA proposed to modify all pre-1985 permits for LTFs in Alaska and issued a draft general permit that would apply to nearly all LTFs. The draft permit referenced Alaska’s proposal to allow a one-acre zone of deposit for bark and woody debris, consistent with existing practice under Alaska Timber Task Force guidelines. However, in its final certification, the Alaska Department of Environmental Conservation changed the zone of deposit definition to each LTF’s “project area,” potentially allowing much larger areas of deposit. The EPA questioned this change but ultimately accepted it and incorporated it into the final permits without providing the public an opportunity to comment on this significant change.
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