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Denver Environmental Attorney Joel Johnston speaks with Progressive Farmer

Progressive Farmer

Joel Johnston, a Denver-based attorney with the law firm Hall Estill who specializes in environmental and regulatory law, said the court's decision doesn't provide a clear path.

"My expectation is that this decision does very little to provide clarity for regulated entities, regulators, or environmental groups moving forward," he said.

Time is an important factor, Johnston said, because chemicals survive the environment for a long time and can find their way into navigable waters.

"In such a case, this decision could effectively require a permit," he said.

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