EPA Sued Over Nutrient Pollution in the Mississippi River Basin and Northern Gulf of Mexico

Photo by turtlemom4bacon. Some rights reserved.

Law Firm Faegre Baker Daniels sent out a Legal Update this week detailing two complaints filed simultaneously against the EPA over actions (and inactions) taken in regards to nitrogen and phosphorus runoff in the Mississippi River.

One complaint (Gulf Restor’n Network v. Jackson, E.D. La., No. 2: 12-cv-00677), filed March 13 in the U.S. District Court for the Eastern District of Louisiana by the Gulf Restoration Network (and others), claims that the EPA violated the Administrative Procedure Act by denying a 2008 petition that asked the EPA to establish state water quality standards and total maximum daily loads to address excessive nitrogen and phosphorous pollution in the waters of the Mississippi River Basin and northern Gulf of Mexico.

The other complaint (Natural Res. Def. Council, Inc. v. Jackson, S.D.N.Y., No. 12-CIV-1848), filed the same day in the U.S. District Court for the Southern District of New York by the Natural Resources Defense Council (and others), seeks to compel the EPA to address a 2007 petition requesting that the EPA publish updated standards on secondary treatment technology for publicly owned treatment works, and include nitrogen and phosphorous removal in those standards. The agency never even responded to the petition.

Faegre points out that, “[f]or the agriculture industry and farmers, the implications of the lawsuits are significant. According to the Iowa Farm Bureau, the cost of complying with the nitrogen and phosphorous standards sought by environmental groups could be as high as $600 million per year nationwide.”

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: