Ruling: Upper Missouri Waterkeeper v. EPA – Ninth Circuit Opinion, 10.7.2021
New York and eight other states filed a challenge against EPA’s COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program policy, arguing the policy exceeds the agency’s authority and skirts statutory mandates to enforce environmental laws.The lawsuit challenges EPA’s March 26 guidance stating that the agency would exercise enforcement discretion if companies are unable to report or monitor pollution releases because the pandemic has disrupted their operations. The policy applies retroactively to March 13 and includes no end date.
CRR filed a petition for review with the DC Circuit asking that it overturns EPA’s MS4 general permit for New Hampshire.
NWEA filed suit against EPA over its alleged failure to respond to petition claiming Washington’s rules protecting aquatic life from toxic substances are out of date.
OVEV v FOLA Coal Company 4th Circuit Decision concluded Fola was still obligated to meet the narrative WQS.