Kentucky Supreme Court decision gives unanimous win to business in water permit case

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The Lane Report

Providing a major win for Kentucky businesses, the Kentucky Supreme Court issued a unanimous opinion last week that gives greater regulatory certainty to facilities with water discharge permits.

The Energy and Environment Cabinet and permittee, LG&E, successfully argued that the permit in question adequately met the requirements of the federal Clean Water Act and that the Cabinet Division of Water appropriately declined to impose additional “case-by case” technology-based limits on certain toxic pollutants considered as part of applicable Effluent Limitation Guidelines established by the U.S. Environmental Protection Agency, even though those Guidelines did not impose numeric limits for such pollutants.

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