EPA loses bid to toss stormwater lawsuit
The EPA has lost its bid to toss a lawsuit about the federal environmental agency allegedly failing to protect three Boston-area rivers from stormwater pollution.
A judge in U.S. District Court this week denied the Environmental Protection Agency’s motion to dismiss a suit filed by Charles River Watershed Association and Conservation Law Foundation — which aims to hold the EPA accountable for implementing stormwater runoff protections in the Charles, Mystic, and Neponset rivers.
The groups sued the EPA last fall, accusing the feds of failing to regulate dangerous stormwater runoff in the three Boston-area rivers. The lawsuit seeks to curb stormwater pollution from commercial, industrial, and institutional properties.
“Stormwater pollution is one of the greatest threats to urban rivers, including the Charles — polluted runoff degrades the river ecosystem and can cause rampant invasive species growth, toxic cyanobacteria blooms, and even fish kills,” said Zeus Smith, policy advocate for Charles River Watershed Association.
“As climate change brings increased precipitation and hotter temperatures like those experienced this month, impacts are only exacerbated,” Smith added. “This toxic runoff degrades ecosystems and disrupts or entirely prevents our communities from being able to enjoy these otherwise beautiful natural resources.”
The EPA announced almost a year ago that it would exercise its authority under the Clean Water Act to require private properties with large impervious surfaces to clean up their stormwater pollution, but the agency has yet to issue the necessary permits.
Large impervious properties, including big box stores and malls, only make up 20% of the Charles River watershed, yet are the source of up to over 50% of the stormwater pollution.
“For years, we attempted collaboration with EPA, requesting that the Agency issue permits to help clean and restore the Charles, Mystic, and Neponset Rivers,” said Heather Govern, VP of Clean Air and Water at Conservation Law Foundation.
“This court decision is the victory we needed for clean water in Greater Boston, as it puts EPA on the hook to issue draft permits by September 2024,” Govern added.
The suit will now be paused until September 2024 to give the EPA the opportunity to issue those permits.
A spokesperson for the Justice Department’s Environment and Natural Resources Division, which litigates in cases concerning environmental and other laws under the division’s purview and often on behalf of the EPA, declined to comment on the ongoing lawsuit.