- WEB EXCLUSIVE
- PE COFFEEHAUS
According to court documents, the agency and the National Association of Homebuilders had appealed the lower court's ruling from 2006, but the U.S. Court of Appeals sided with the Natural Resources Defense Council (NRDC) and Waterkeeper Alliance. The decision will help to ensure that construction site pollution won't cause beach closings, waterborne disease, flooding, fish kills and contaminated drinking water supplies, the court said. The states of New York and Connecticut supported the conservation groups.
According to court documents, the agency argued that the district court erred in exercising jurisdiction under § 505(a)(2), and that the appeals court had exclusive original jurisdiction over Plaintiffs’ claim that the EPA violated its non discretionary duty to promulgate ELGs and NSPSs under § 509(b)(1)(E).
"For too long EPA has turned away from the real work of protecting our waters. This decision forcefully reminds them of their duty to the American people and our waters," said Jeffrey Odefey, staff attorney at Waterkeeper Alliance. "It's time that EPA and the building industry demonstrate real leadership and took the necessary steps to prevent the destruction of our lakes, rivers and streams."