ELR Citation: ELR 20002
No(s). s. 07-2449, -3912 (2d Cir. Dec 28, 2008)

The Second Circuit held that towns in the Catskill and Delaware watershed region of the New York City drinking water system lack standing to seek review of two U.S. Environmental Protection Agency (EPA) actions concerning the implementation of the Safe Drinking Water Act. Specifically, the towns complained about: (1) an April 25, 2007, EPA letter temporarily postponing a previously scheduled transfer to the state primary enforcement responsibility over the Catskill and Delaware watersheds until the state complies with the relevant regulations, and (2) the Agency's July 30, 2007, filtration avoidance determination, which allows New York City to avoid filtration requirements for the Catskill-Delaware supply. Despite any injury the towns may allege, they failed to show that their proposed injuries were likely to be redressed. Even if the court were to hold that EPA was required to transfer primacy to the state in May 2007, as opposed to September 2007 when they actually transferred primacy, there is no basis to conclude that the towns would be in any different position than they are now. And while the state might have been required to perform a cost-benefit review of the filtration avoidance determination, the towns do not point to any evidence suggesting that the state's analysis would have substantially differed from EPA's or would remedy any injury alleged.