Court Orders EPA to Issue Regulations Defining Water Quality Anti-degradation Methods for Puerto Rico

Decision completes victory for Center’s clients in long-running legal action; EPA must act by May 2007

MAELC represents CORALations and the American Littoral Society in a 2002 lawsuit against EPA for the agency’s failure to issue Clean Water Act Water Quality Standards for Puerto Rico after EPA determined that Puerto Rico’s 1990 water quality standards revisions were not consistent with the Clean Water Act. Additionally, Plaintiffs alleged that EPA determined that Puerto Rico’s antidegradation methods fail to comply with the Clean Water Act thereby triggering EPA’s mandatory duty to step in and propose for promulgation antidegradation implementation procedures for Puerto Rico. Antidegradation is the requirement to maintain and protect existing uses of a waterbody and the level of water quality necessary to do so.

In August 2003, the Court ruled in Plaintiffs’ favor on two of the four issues in the case to protect human health and aquatic life from bacteria. The Court determined that EPA violated its mandatory duty by failing to determine whether Puerto Rico’s revisions were consistent with the CWA. Judge Jaime Pieras, Jr. ordered EPA to determine the revisions that are inconsistent with the CWA to promulgate new regulations. EPA complied with the Court’s Order to approve or disapprove water quality standards on October 8, 2003 and promulgated new standards by way of publication in the Federal Register on January 26, 2004. This mooted one of the remaining claims and in 2004 Plaintiffs filed for Summary Judgment on the remaining issue.

In February 2007, the Court ruled in Plaintiffs’ favor on the remaining issue, requiring EPA to set regulations for methodology and implementation procedures for its antidegradation policy. The ruling in this case is another confirmation that EPA is shirking its responsibilities under the Clean Water Act.  When presented with such EPA failures by citizens, the Courts are not allowing EPA to continue to ignore its mandatory duties. EPA is expected to comply in May 2007.  (CORALations v. EPA, Civil Action No. 02-1266 (D.P.R. 2002))