Waterkeeper Alliance v. EPA, No. 09-1017 (D.C. Cir. 2017)Annotate this Case
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. 9603, and the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), 42 U.S.C. 11004, require parties to notify authorities when large quantities of hazardous materials are released into the environment. In 2008, the EPA issued a final rule that generally exempts farms from CERCLA and EPCRA reporting requirements for air released from animal waste. The EPA reasoned that the reports were unnecessary because, in most cases, federal response was impractical and unlikely. The court concluded that petitioners have informational standing and proceeded to the merits. The court granted the petition for review and vacated the Final Rule, concluding that the EPA's action cannot be justified either as a reasonable interpretation of any statutory ambiguity or implementation of a de minimis exception. The Pork Producers' challenge was moot and the court dismissed their petition.