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City of Waukesha v. Environmental Protection Agency

320 F.3d 228 (2003)

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City of Waukesha v. Environmental Protection Agency

United States Court of Appeals for the District of Columbia Circuit
320 F.3d 228 (2003)

  • Written by Tanya Munson, JD

Facts

The Environmental Protection Agency (EPA) (defendant) promulgated regulations establishing the maximum contaminant level goal (MCLG) and the maximum contaminant level (MCL) for radionuclides in public water systems under the Safe Drinking Water Act (SDWA). In 2000, the EPA issued the final radionuclides rule. The final rule set an MCL for uranium, which represented a new standard because there was no preexisting MCL for uranium. The EPA was thus required by the SDWA to prepare a cost-benefit analysis for compliance with the uranium MCL. The City of Waukesha (the city) and other trade associations and an advocacy group (plaintiffs) petitioned for a review of the final rule in district court, arguing that the EPA failed to comply with the SDWA because it did not analyze the costs and benefits of compliance with the uranium MCL in contexts other than the SDWA. The city argued that the EPA had to evaluate costs and benefits at hazardous waste sites governed by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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Casebooks

Environmental Law

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