Natural Resources Defense Council v. EPA
Implementation of the litigation settlement reached with the U.S. Environmental Protection Agency (EPA) in Natural Resources Defense Council (NRDC) v. U.S. Environmental Protection Agency (U.S. EPA) in August 2008 is proceeding. The settlement requires EPA to implement the requirements of the Beaches Environmental Assessment and Coastal Health Act (BEACH Act), including completion of the necessary scientific studies to develop new recreational water quality criteria by December 2010 and publication of the resulting criteria in the Federal Register no later than October 2012. EPA has already completed a number of the needed studies and NACWA received its first status report on implementation of the settlement agreement from EPA on July 15, 2009, with another status report expected in January 2010. Additionally, the agreement commits EPA to validate and publish a rapid test method for the new or revised criteria by October 2012. The rapid test method will be based on indicators deemed appropriate by the Agency during the research period and will be validated through an inter-laboratory study.
The settlement also provides important opportunities for stakeholder input during the scientific study period and criteria development process. The agreement requires EPA to convene at least one stakeholder workshop per year during 2009, 2010, and 2011 for interested parties to receive updates on EPA’s efforts and offer input on both the scientific studies and criteria development. The settlement further resulted in a financial payment from EPA and the U.S. Department of Justice to NACWA to cover the Association’s legal fees.
EPA held its first stakeholder meeting in October 2009 and NACWA was a participant in the discussions. Additional meetings were also held in Fall 2010 and Spring 2011 in which NACWA also participated. EPA released the revised criteria on November 26, 2012.
- AMSA/NACWA Comments on Costal Condition Report, April 12, 2001
- AMSA/NACWA Comments on Draft Implementation Guidance for Ambient Water Quality Criteria for Bacteria, May 15, 2000
- NRDC Complaint, August 2, 2006
- EPA Answer to NRDC Compliant, October 12, 2006
- NACWA Motion to Intervene, December 14, 2006
- NACWA Complaint, December 14, 2006
- NRDC Response to NACWA Motion to Intervene, January 8, 2007
- NACWA Reply to NRDC Response, January 12, 2007
- Order Granting Intervention to LA County, February 6, 2007
- Order Transferring Case to New Judge, February 23, 2007
- Order Setting Scheduling Conference, March 2, 2007
- Order Granting NACWA Intervention as Plaintiff, March 19, 2007
- Granting in Part and Denying in Part NRDC's Motion for Summary Judgment, March 21, 2007
- EPA Answer to LA County, April 5, 2007
- EPA Answer to NACWA Complaint, May 17, 2007
- EPA Critical Path Science Plan, August 31, 2007
- EPA Criteria Development Plan, August 31, 2007
- NACWA Expert Report, October 5, 2007
- LA County Expert Report, October 5, 2007
- NRDC Expert Report, October 5, 2007
- NACWA Motion for Summary Judgment, 10/23/2007
- NACWA Memorandum in Support of Motion for Summary Judgment, 10/23/2007
- NACWA's Memorandum in Opposition to Defendants' Cross-Motion for Summary Judgment on Remedy, 01/08/2008
- EPA Cross Motion for Summary Judgment, 12/4/2007
- District Court Summary Judgment Order, 4/7/2008
- Stipulation and Order, 8/8/2008
- Consent Decree, 8/8/2008
- Settlement Agreement, 8/8/2008
- Consent Decree Status Report, 7/15/2009
- Settlement Agreement Status Report, 7/15/2009
- Consent Decree Status Report, 1/15/2010
- Settlement Agreement Status Report, 1/15/2010
- Consent Decree Status Report, 07/15/2010
- Settlement Agreement Status Report, 07/15/2010
- Consent Decree Status Report, 01/15/2011
- Settlement Agreement Status Report, 01/15/2011
- Settlement Agreement Status Report , 07/15/2011
- Consent Decree Status Report , 07/15/2011
- Settlement Agreement Status Report , 01/12/2012
- Consent Decree Status Report , 01/12/2012
- Settlement Agreement Update , 07/15/2012
- Consent Decree Update , 07/15/2012
- Notice Extending Consent Decree Deadline , 09/12/2012
- Final EPA Recreational Water Quality Criteria , 11/26/2012
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