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- Center for Biological Diversity v. EPA
Litigation
Center for Biological Diversity v. EPA
About this case
Documents
Filing Date
Type
Action Taken
Document
Summary
11/15/2010
Decision
Memorandum issued by EPA on integrated reporting and listing decisions related to ocean acidification.
In accordance with the requirements of the settlement agreement, EPA issued a memorandum regarding ocean acidification impacts to EPA regional water division directors. The memorandum described how states could move forward, where information on ocean acidification was already available, to address acidification in the 2012 listing cycle for impaired waters. The memorandum recognized, however, that information was largely unavailable to support listing of waters in many states.
03/11/2010
Settlement Agreement
Settlement reached and notice of voluntary dismissal filed.
In a proposed settlement, EPA agreed to consider issuing nationwide guidance under the Clean Water Act to help states deal with the threat of ocean acidification. The settlement required EPA to seek comments on approaches for states to determine if waters are threatened or impaired by ocean acidification and how states might help monitor ocean acidification and its effects on marine life and ecosystems. The plaintiffs filed a notice of voluntary dismissal.
05/14/2009
Complaint
Complaint filed.
The Center for Biological Diversity filed suit against the EPA in federal court in Washington state, alleging that the agency failed to recognize the impacts of ocean acidification on waters off the state’s coast. The suit was brought under the Clean Water Act, which requires states to identify water bodies that fail to meet water quality standards. According to the Center, since 2000, the pH of Washington’s coastal waters had declined by more than .2 units, which violated the State’s water-quality standard for pH. The complaint stated that carbon dioxide, which is absorbed by seawater, caused seawater to become more acidic, lowering its pH. This impaired the ability of certain marine animals to build protective shells and skeletons they need to survive.
Summary
Rulemaking petition and related litigation requesting that EPA revise pH water quality criteria to address ocean acidification.