On September 24, NWEA amended its lawsuit concerning Idaho’s water quality standards against federal fish and wildlife agencies to include the U.S. Environmental Protection Agency. Consistent with two notice letters sent to EPA, the lawsuit alleges that EPA failed to consult with the fish and wildlife agencies under the Endangered Species Act for water quality standards dating back to over 17 years ago. At issue are standards for many different types of pollutants, from temperature to toxics.
In addition, the lawsuit alleges that EPA has failed to take action on various Idaho water quality standards. Finally, NWEA alleges that EPA is required under the Clean Water Act to promulgate standards to protect aquatic life from mercury, having previously disapproved Idaho’s standards.