EPA Seeks To Scrap Suit Testing Timing Of ESA Review For Water Criteria

May 23, 2023
EPA is urging a federal court to scrap environmentalists’ challenge to its 2016 water quality criteria for cadmium for failing to consult with wildlife agencies over potential adverse effects on listed species, a suit that tests when the Endangered Species Act (ESA) requires the agency to conduct such consultations. In a May 19 motion in Center for Biological Diversity (CBD) v. EPA, et al , EPA renewed its argument that it need not consult with the wildlife agencies when setting...

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