BURLINGTON, Vt. (Legal Newsline) - A Vermont city sued a federal agency on Wednesday, alleging it violated the Administrative Procedure Act (APA), the Clean Water Act and other legislation.
Rutland, Vt., filed the suit against the U.S. Environmental Protection Agency (EPA), Administrator Gina McCarthy and United States EPA Region 1 Regional Administrator Curt Spaulding.
According to the suit, Rutland is challenging the EPA’s approval of the total maximum daily load to address biological impairment in Moon Brook, Rutland’s water and wastewater facilities. Its treatment plant is the largest in the country, the complaint says.
The City alleged that if forced to comply with the EPA’s ruling, it would have to spend an extra $45 million on its infrastructure, creating hardship. It argues that the EPA has exceeded its authority by limiting water flow from Rutland’s drainage systems and challenges the EPA's effort to regulate the municipality.
Alleging violation of the Clean Water Act along with the APA, failure to follow necessary procedures, and use of arbitrary methodology for identifying pollutants, the plaintiff is seeking declaratory and injunctive relief including the EPA’s withdrawal from involvement in the facility, attorneys fees and expenses and costs.
Rutland is represented by David Cooper and Heather Cooper, of Kenlan, Schwiebert, Facey & Goss in Rutland.
United States District Court for the District of Vermont case No. 2:15-cv-00035