Jump to Navigation
Jump to Content

Riverkeeper, Inc. v. Wheeler

ELR Citation: 49 ELR 20043
Nos. 17-CV-4916 (VSB), (S.D.N.Y., 03/15/2019) (Broderick, J.)

A district court granted EPA's motion to dismiss a CWA lawsuit seeking to require the Agency to publish New York's water quality standards. The Agency asserted that environmental groups lacked subject matter jurisdiction to bring the suit because EPA had a discretionary, rather than nondiscretionary, duty to publish state water quality standards when a state failed to take action to update its standards within ninety days. The court agreed, finding that the CWA did not impose a "bright-line deadline" on EPA to act and thus did not impose a nondiscretionary duty. It therefore granted the Agency's motion to dismiss for lack of subject matter jurisdiction.