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Northwest Environmental Advocates v. United States Environmental Protection Agency

ELR Citation: 51 ELR 20141
Nos. 1:13-cv-00263-DCN, (D. Idaho, 07/19/2021) (Nye, J.)

A district court granted partial summary judgment for environmental groups in a CWA citizen suit concerning water quality standards for mercury in Idaho. The groups argued that EPA's failure to promptly publish and promulgate mercury standards after disapproving Idaho's revision of those standards violated §303(c) of the CWA. The court found that in the nearly 13 years since it disapproved Idaho's revision, EPA had neither published nor promulgated a water quality standard for mercury in the state, and thus the Agency had failed to exercise its non-discretionary duty under §303(c) of the Act. It granted the motion for partial summary judgment.