ELR Citation: 53 ELR 20131
No(s). 21-1159 (D.C. Cir. Aug 11, 2023)

The D.C. Circuit dismissed five states' petition to review EPA's extension of a compliance deadline for a revised national drinking water regulation, which in turn extended the deadline for states to enforce conforming regulations to their own. The states argued the extension would cause their residents to suffer health problems from lead-contaminated water, which would then cause states to increase spending on programs like Medicaid; that the extension increased regulatory uncertainty, leading to larger compliance costs; and that because the extension directly regulated the states, their standing to challenge it was self-evident. The court found the alleged injuries were self-inflicted because nothing prevented the states from enforcing the revised regulation on the original schedule; that the extension mitigated any regulatory uncertainly by pushing back deadlines while reconsideration of the revised regulation ran its course; and that the states' standing could not be self-evident because the extension gave them more options. It dismissed the suit for lack of standing.