Environmentalists Plan ESA Suit Over 2020 Clean Water Act WOTUS Rule

摘要

The Center for Biological Diversity and Waterkeeper Alliance are threatening to sue EPA and the Army Corps of Engineers over the recently finalized "waters of the United States" (WOTUS) rule, alleging they failed to engage in mandatory consultation with other federal agencies under the Endangered Species Act (ESA) before finalizing the rule. "[B]y failing to initiate and complete consultation with the Services regarding the effects of the 2020 Dirty Water Rule on listed species and their critical habitat, and by failing to ensure against jeopardy, EPA is in violation of the Endangered Species Act," the environmental groups allege in a Feb. 18 notice of intent to sue. EPA and the Corps' finalization of the rule without consultation with the Fish and Wildlife Service and the National Marine Fisheries Service constitutes ongoing violations of the ESA, the notice adds.