EPA's Selenium Decision Will Transform Coal War

Kirsten L. Nathanson, a Washington, D.C.-based partner in the firm's Environment, Energy & Resources Group, shares her perspective on the upcoming U.S. Environmental Protection Agency (EPA) decision on the state of Kentucky's proposed water-quality standard for selenium. The article notes that the deadline for the agency to make a decision on Kentucky's plan has already passed, but the EPA has said it has not yet concluded its review. It is anticipated that there will be litigation over the agency's decision. Nathanson remarks, "I would have a hard time seeing this not end up in the courts in one form or another. There's a lot of money at stake and there's been so much energy put into this issue by all sides. I can't imagine EPA's approval or rejection would be the final word."