Court Adopts EPA’s Language Admitting Failure to Set Perchlorate Limits
In a lawsuit brought by the Natural Resources Defense Council (NRDC)
alleging failure to meet a deadline to set limits on perchlorate levels in
drinking water, a New York federal court has issued an order adopting
the U.S. Environmental Protection Agency’s (EPA’s) preferred language
to admit the failure. Nat. Res. Def. Council v. EPA, No. 16-1251 (S.D.N.Y.,
order entered September 19, 2016).
An EPA attorney reportedly admitted in court that the agency had missed
the deadline of February 11, 2013, to set limits on perchlorate in drinking water after announcing its intention to propose regulations two years
prior. NRDC and EPA then submitted proposed orders admitting the
failure, and the court adopted EPA’s language without further discussion.
See Law360, September 20, 2016.
The court’s order finds that (i) EPA triggered a non-discretionary duty
to propose a maximum contaminant level goal by February 11, 2013; (ii)
EPA failed to propose that goal by the deadline; and (iii) the inaction
“constituted a failure to perform a non-discretionary act or duty under
the Safe Drinking Water Act.”
Issue 618
