EPA urges court to drop ESA suit over enforcement discretion

EPA is asking a federal district court to dismiss environmentalists’ lawsuit challenging its COVID-19 enforcement discretion policy as unlawful for violating the Endangered Species Act (ESA), arguing that the now-rescinded guidance did not require ESA consultation as the groups allege. In a Nov. 20 filing in the case, Center for Biological Diversity, et al. v. EPA, et al., in the U.S. District Court for the Southern District of New York, the agency asks the court to dismiss the challenge...