Pace Environmental Litigation Clinic Helps Overturn EPA’s Water Transfers Rule

Federal District Court Judge Kenneth M. Karras gave a rousing victory to the Pace Environmental Litigation Clinic last Friday, as he issued an order granting summary judgment in favor to their clients in a challenge to the U.S. Environmental Protection Agency’s 2008 Water Transfers Rule.  In  the consolidated cases of Catskill Mountains Chapter of Trout Unlimited, Inc. v. EPA (08-CV-5606) and New York v. EPA (08-CV-8430), the court in a 116-page decision issued March 28th, vacated the rule finding that the EPA failed to provide a reasonable explanation for the law as its purpose appeared to contravene the pollution prevention tenents of the Clean Water Act.  Of particular note, two Pace clinic students, Edward Teyber and Connor Walline, were granted permission to appear on behalf of Environmental Plaintiffs and participated in oral argument pursuant to a Student Practice Rule on December 19, 2013.

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