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Nonprofits allege EPA has failed to revise, review regulations for drinking water

By Noddy A. Fernandez | Feb 11, 2019

NEW YORK (Legal Newsline) – Three nonprofit organizations allege that the U.S. Environmental Protection Agency is behind on the regulatory process of the Safe Drinking Water Act.

Waterkeeper Alliance Inc., Waterkeepers Chesapeake Inc., and California Coastkeeper, doing business as California Coastkeeper Alliance, filed a complaint on Jan. 30 in the U.S. District Court for the Southern District of New York against United States Environmental Protection Agency; and Acting Administrator of the EPA Andrew Wheeler citing the Safe Drinking Water Act.

According to the complaint, the plaintiffs allege the EPA has been "perpetually behind schedule in virtually all phases of the Safe Drinking Water Act's regulatory process and has missed numerous deadlines, often by years."

"EPA’s failure to implement the SDWA as envisioned by Congress – by reviewing and revising drinking water regulations, and identifying and regulating contaminants of emerging concern, within statutorily-mandated time frames – threatens water quality, water safety and human health, and puts plaintiffs’ members and millions of others at substantial risk of harm," the suit states.

The plaintiffs allege that the EPA "is not presently on schedule to promulgate a revised National Primary Drinking Water Regulation (NPDWR)" for giardia lamblia, legionella, chlorite and other contaminants.

The plaintiffs seek declaratory judgment that the defendants have failed to revise the NPDWR for chlorite and others, award of litigation expenses, and such other and further relief as the court may deem just, proper, or appropriate. They are represented by Reed W. Super and Michael DiGiulio of Super Law Group LLC in New York, New York.

U.S. District Court for the Southern District of New York case number 1:19-cv-00899-ALC

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Super Law Group, LLC U.S. District Court for the Southern District of New York

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