ELR Citation: 50 ELR 20132
No(s). 20-cv-00670-WHO (N.D. Cal. Jun 2, 2020) (Orrick, J.)

A district court denied EPA's motion to dismiss a lawsuit concerning its duty to update its National Contingency Plan (NCP) for addressing oil and hazardous substance contamination. Environmental groups argued that the current NCP is dangerous because it continues to permit the use of chemical dispersants known to be harmful to humans and the environment to break up oil spills, and that EPA's failure to update the plan in over a quarter-century violated its obligations under the CWA. EPA argued its duty to amend the NCP was discretionary, and moved to dismiss. The court found that the policies set forth in the CWA reflect an ongoing intent to prohibit discharge of toxic substances and maintain the integrity of the nation's waters, and that in this context the NCP provision was properly interpreted to create a nondiscretionary duty for EPA to revise or amend the plan. It therefore denied EPA's motion to dismiss.