Environment America today challenged a Bush Administration rule to increase pollution in U.S. rivers, lakes, and streams.
In a lawsuit filed in the U.S. Court of Appeals for the First Circuit, Environment America, Environment New Hampshire, Environment Rhode Island, and Environment Florida seek to set aside the U.S. Environmental Protection Agency’s June 13 water transfer rule. Under the new rule, polluters would be able to transfer water contaminated with toxic chemicals, sewage, invasive species, or other pollutants into a clean waterway without first obtaining, or then complying with, a Clean Water Act discharge permit.
“The Bush Administration’s rule will increase pollution in America’s waterways,” said Christy Leavitt, Environment America Clean Water Advocate. “By exempting the pumping of polluted water into another waterway from the Clean Water Act, the Bush Administration has again undermined one of the nation’s core environmental laws.”
The types of water transfers subject to EPA’s new exemption can degrade water quality in a variety of ways, and can have serious environmental and economic consequences. For example, such transfers can channel contaminated waters into waterways used for swimming, fishing, or drinking, or allow the intermixing of waters with radically different fundamental characteristics (such as salinity, turbidity, or temperature).
Environment America believes that the only meaningful way to regulate and mitigate the environmental impacts of water transfers is to ensure they are covered by the Clean Water Act’s permit program. Environment America, other national, state, and local environmental organizations, and 13 state attorneys general opposed the rule when EPA proposed it in 2006.
Prior to EPA finalizing the rule, U.S. Courts of Appeal in the First, Second, and Eleventh Circuits had ruled squarely that water transfers are regulated under the Clean Water Act’s permit program.
“EPA once again listened to the special interests and finalized a rule that puts the environment and public health in danger,” said Leavitt. “We are challenging the rule in court to ensure that our clean waterways stay clean.”
Environment America and the other plaintiffs in the case are represented by the National Environmental Law Center (NELC), a non-profit organization dedicated to upholding anti-pollution laws.
