Center for Biological Diversity v. EPA

The court approved of the parties' stipulated settlement agreement and held that the plaintiff's complaint was dismissed with prejudice for all claims except for those concerning Washington State's current freshwater cyanide criteria, which were dismissed without prejudice. In the settlement agreement, the parties agreed that EPA will engage in efforts to determine whether formal consultation on the current marine and Puget Sound cyanide criteria is needed.

The federal district court for the District of Columbia denied EPA and other federal defendants’ motion to dismiss claims that the U.S. Environmental Protection Agency (EPA) violated the Endangered Species Act (ESA) when EPA approved water quality criteria for cyanide submitted by Washington state in 1993, 1998, and 2007. The court rejected arguments that the claims were untimely and did not challenge final agency action. The court also found that the plaintiff pled sufficient facts to assert violations of ESA regulatory requirements for reinitiation of consultation if “new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered.” The new information alleged in the complaint included new scientific information showing that “accelerating climate change impacts are … likely to amplify the toxicity of cyanide on fish,” rendering approved cyanide standards inadequately protective.