EPA Sued Over Unregulated Water Pollution

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EPA Sued Over Unregulated Water PollutionEPA Building in DC (Credit: Canva Pro)

Are you prepared for the May 4 public hearing on the EPA's recently proposed new regulations for six PFAS chemicals that are commonly found in drinking water? 

Just yesterday, a group of environmental organizations filed a lawsuit against the Environmental Protection Agency (EPA) over its failure to regulate water pollution from various industries, including oil refineries, plastics plants, and other manufacturing facilities.

The lawsuit alleges that the EPA has violated the Clean Water Act by failing to set limits on the amount of pollution that these industries can discharge into waterways. Consequently, these discharges can contain a range of pollutants, including heavy metals, toxic chemicals, and other contaminants that can harm aquatic life and human health.

“For decades the EPA has let these dirty industries pollute our rivers and bays instead of making them keep pace with advances in technologies that tackle water pollution, as the Clean Water Act demands,” said Hannah Connor, environmental health deputy director at the Center for Biological Diversity. “Forcing people and wildlife like endangered Atlantic sturgeon to bear the weight of toxic water pollution while industries rake in record profits isn’t just morally wrong, it’s also legally indefensible. The EPA needs to bring pollution standards into the 21st century.”

Environmental Groups Bringing Suit

The lawsuit was filed in the U.S. Court of Appeals for the 9th Circuit in San Francisco by:

  • The Environmental Integrity Project,
  • The Center for Biological Diversity
  • Clean Water Action
  • Waterkeeper Alliance
  • Food & Water Watch
  • Environment America
  • Bayou City Waterkeeper
  • Black Warrior Riverkeeper
  • Healthy Gulf
  • San Antonio Bay Estuarine Waterkeeper
  • San Francisco Baykeeper
  • The Surfrider Foundation
  • Tennessee Riverkeeper

Additional Data

In January, the Environmental Integrity Project published a report entitled "Oil's Unchecked Outfalls," which disclosed that 81 refineries located throughout the United States discharged a total of 15.7 million pounds of nitrogen, which contributes to algae growth, into waterways during 2021.

This amount is equivalent to that released by 128 municipal sewage plants and was accompanied by 60,000 pounds of selenium, a contaminant that can cause genetic mutations in fish, as well as other hazardous substances.

Additionally, environmental organizations have filed a lawsuit against the six additional sectors with inadequate and obsolete effluent guidelines established by the EPA:

  • Organic chemical and plastics plants
  • Plastics molding and forming
  • Fertilizer manufacturing
  • Nonferrous metal manufacturing
  • Inorganic chemicals plants
  • Pesticide manufacturing

On April 13, at 1:00 PM ET, join experts from Montrose Environmental Group, ECT2, Environmental Standards, and CTEH, Inc for an exclusive 60-minute panel discussion on the proposed NPDWR for PFOA and PFOS.

Under these proposed regulations, the EPA would set a Maximum Contaminant Level (MCL) of 4 parts per trillion (ppt) for PFOA and 4 ppt for PFOS.

There is time to prepare with proper guidance. At present, the MCLs are only in the proposal stage. Soon to start will be an exhaustive comment and review process. We can still work to address the questions you have today. Let us help you identify and navigate the uncertainties around this proposed regulation.

Don't miss your chance to register for the 60-minute live Q&A panel. Please send all subject matter-related questions to Paulina Bruck.

Environment + Energy Leader