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Court Grants Summary Judgment To EPA In Lawsuit Against Its COVID-19 Non-Enforcement Policy
5 hours ago
The Southern District of New York in a judgment filed on Thursday granted the Environmental Protection Agency’s (EPA) motion for summary judgment, denying the plaintiffs requested relief for allegations that suspended reporting requirements and non-enforcement policies during the COVID-19 pandemic caused environmental harm and breached the Endangered Species Act. The court ruled they did not have standing.
The plaintiffs, conservation advocacy groups including Riverkeeper, Waterkeeper Alliance Inc., and Center for Biological Diversity, argued in their complaint filed in August 2020 that the EPA was creating additional risks for species which are already in danger by suspending monitoring and reporting requirements, and endangering habitats.
BOULDER COUNTY A coalition of environmental defense groups are appealing a decision by federal agencies allowing Denver Water to expand Gross Dam to more than triple its current capacity.
The coalition includes Save The Colorado, The Environmental Group, WildEarth Guardians, Living Rivers, Waterkeeper Alliance Inc., and the Sierra Club; it filed a notice of appeal in federal court Monday morning, asking the U.S. 10th Court of Appeals in Denver to review a district court judge’s dismissal of the original complaint.
Gross Reservoir is a 440-acre reservoir just west of Eldorado Canyon State Park at the southern end of Boulder County. Denver Water received final approval last year to raise the existing dam from 340 feet to 465 feet and more than triple the reservoir’s capacity from 41,811 acre-feet to 114,000.
EPA Granted Summary Judgment In COVID-19-Policy Related Suit
March 2, 2021
On Friday, Southern District of New York Judge Jed S. Rakoff ruled in favor of the Environmental Protection Agency (EPA) in a case filed by environmental organizations purporting that in modifying its actions during the COVID-19 pandemic it caused harm to the environment and endangered animals. This order from the court comes after the court held an oral argument in the matter.
The lawsuit was initially filled in August 2020; the Center for Biological Diversity, Waterkeeper Alliance, Inc., and Riverkeeper, Inc. claimed that the EPA was not fulfilling its responsibilities under the Endangered Species Act (ESA) and the Administrative Procedure Act (APA) because it suspended reporting requirements during the COVID-19 pandemic. The temporary enforcement policy was in effect through August 31, 2020 and, according to the plaintiffs, likely caused increased harm to endangered species populations. The plaintiffs