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Federal Appellate Court Rules That Coal Ash Ponds Not Subject To CWA

A federal district court has requested supplemental briefing on whether Oregon's Extended Producer Responsibility law contains a facially discriminatory exemption that violates the Dormant Commerce Clause. The court's narrow focus on this single statutory provision follows a five-day bench trial and post-trial briefings in the landmark challenge to Oregon's packaging EPR program. This case is expected to establish precedent that will influence the development and implementation of state packaging EPR progra