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Our Children’s Earth Foundation v. EPA


Our Children’s Earth Foundation v. EPA

The U.S. Court of Appeals for the Ninth Circuit issued a revised opinion in May 2008 in Our Children’s Earth Foundation (OCEF) v. U.S. Environmental Protection Agency (EPA), affirming and broadening the court’s October 2007 ruling that upheld EPA’s discretion in implementing key elements of the effluent limitation guidelines (ELG) program. The revised opinion rejects the final challenge brought by activist groups to the EPA’s implementation of the ELG program and represents a resounding victory for NACWA on all of the issues raised in the appeal. The previous Ninth Circuit opinion issued in October 2007 had granted EPA and the intervenors in the case, including NACWA, important victories on three of the four issues in the appeal, including a determination that EPA has discretion to set the timing of ELG plan publication and can identify potential new categories of pollution sources without necessarily developing new effluent guidelines for them. The new ruling, issued after EPA filed a request for a rehearing, grants EPA and the intervenors a victory on the fourth issue by finding that EPA has the discretion to choose not to use a technology-based approach in reviewing ELGs.



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