Sixth Circuit rules on challenge to EPA regulation of Kentucky waters
- United States
- 09/05/2008
The US Court of Appeals for the Sixth Circuit on Wednesday ruled on a suit brought by several Kentucky environmental groups, including a chapter of the Sierra Club, against Stephen L. Johnson in his official capacity as Administrator of the US Environmental Protection Agency (EPA).
The plaintiffs filed suit under the Clean Water Act, seeking to compel Johnson to fulfill his duty to implement anti degradation requirements for Kentucky.
In a complex order, the Sixth Circuit affirmed the district court’s grant of summary judgment to the EPA on the challenge to the EPA’s approval of Kentucky’s selection of regulated waters, reversed the grant of summary judgment to the EPA on the its approval of Kentucky’s exemption of six types of pollution discharges from review, and remanded the matter to the EPA. Judge Clay authored the opinion, stating “In my view, the EPA acted contrary to law by relying on unenforceable commitments.”
In recent months, the EPA has been sued by a number of states seeking either the promulgation of regulations or effective response to petitions. In August, twelve states filed suit against the EPA for its alleged failure to enforce provisions of the Clean Air Act requiring oil refineries to adopt measures curbing the pollution contributing to global warming.
In July, California Attorney General Jerry Brown formally notified the EPA that the state had petitioned the EPA three times seeking a regulatory ruling and would file a lawsuit against the agency if it refused to issue rules regulating greenhouse gas emissions from various vehicles and types of machinery.
