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Center for Regulatory Reasonableness, Inc. v. United States Environmental Protection Agency

Court: District Court, District of Columbia
Date filed: 2019-03-31
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

CENTER FOR REGULATORY
REASONABLENESS,

Plaintiff,
v.

UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY, et al.

Civil Case No. 16-1435 (RJL)

Defendants,
and

MINNESOTA POLLUTION CONTROL
AGENCY, and MINNESOTA CENTER
FOR ENVIRONMENTAL ADVOCACY,

\_/V\./V\-/\/\/VV\/V\/\./\/\_/WVVV

Defendant-Intervenors.

§€@

MEM_QRANDUM oPINloN
(March§? , 2019 [Dia. ## 38, 421

The Center for Regulatory Reasonableness (“CRR”) is a coalition of municipal and
industrial entities from around the United States lthat seeks to ensure that regulatory
requirements are scientifically founded, publicly vetted, and cost-conscious Compl. at
‘H ll [Dkt. # l]. On behalf of its Minnesota members, CRR brought this action against the
Environmental Protection Agency and Region V of the Agency (collectively, “EPA” or
“Agency”) challenging EPA’S (l) approval under the Clean Water Act (“CWA” or “Act”)
of certain Water quality criteria promulgated by the Minnesota Pollution Control Agency

(“MPCA”), and (2) refusal to Withdravv approval in response to CRR’s administrative

petition for reconsideration Icz’. at jj 2. CRR alleges that EPA’s approval and denial of
reconsideration were arbitrary and capricious and/or otherwise in violation of the
Administrative Procedure Act (“APA”), 5 U.S.C. § 706(2). Id. at W 88~112. MPCA and
the Minnesota Center for Environmental Advocacy 4(“l\/ICEA”) have intervened to defend
the challenged EPA actions. See [Dl