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Earth Island Institute v. Regan

ELR Citation: 51 ELR 20156
Nos. 20-cv-00670-WHO, (N.D. Cal., 08/09/2021) (Orrick, J.)

A district court granted summary judgment for an environmental group in a challenge to EPA's regulations for oil spill dispersants. The group argued that EPA violated the CWA by failing to issue a final rule updating the NCP for addressing oil spills in light of new information showing the chemicals used to disperse oil were toxic, and violated the APA because of its unreasonable delay. The court found the Agency breached a non-discretionary duty to revise or amend the NCP and delayed unreasonably in the process. It granted summary judgment for the group and ordered EPA to take action on the listing and authorization of the use of the dispersants by May 31, 2023.