Natural Resources Defense Council v. United States Environmental Protection…
Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency
- Edgardo Ramos
- 2:16-cv-01251
- U.S. District Court · Southern District of New York
- 2
In Natural Resources Defense Council v. EPA, Judge Ramos extended the stay for 90 days while the parties awaited further appellate developments.
Natural Resources Defense Council, Inc. and the U.S. Environmental Protection Agency; the case remained stayed until August 15, 2023.
What happened
Natural Resources Defense Council v. EPA concerns NRDC’s claim that the Environmental Protection Agency failed to take certain regulatory actions involving perchlorate. The court had previously stayed the case while the U.S. Court of Appeals for the District of Columbia Circuit considered a related challenge.
EPA reported that the D.C. Circuit had granted NRDC’s petition, vacated EPA’s withdrawal of its regulatory determination, and sent the matter back to EPA for further proceedings. EPA sought more time to consider whether to request additional review, and NRDC consented to an extension of no more than 90 days.
Judge Edgardo Ramos extended the stay for 90 days, until August 15, 2023. The order did not decide the underlying perchlorate-related dispute.
The detailed version
- Natural Resources Defense Council v. United States Environmental Protection… · No. 2:16-cv-01251
- Edgardo Ramos
- May 17, 2023
Background
Natural Resources Defense Council (NRDC) brought this action alleging that the U.S. Environmental Protection Agency (EPA) failed to take certain regulatory actions concerning perchlorate. On October 27, 2020, the court stayed the case while the U.S. Court of Appeals for the District of Columbia Circuit considered NRDC’s petition challenging EPA’s withdrawal of a regulatory determination concerning perchlorate.
Request for More Time
EPA notified the court that, on May 9, 2023, the D.C. Circuit had granted NRDC’s petition, vacated EPA’s withdrawal of the regulatory determination, and remanded the matter to EPA for further proceedings. EPA explained that the United States had time to seek rehearing in the D.C. Circuit and to petition the Supreme Court for review. EPA requested that the stay continue through the relevant review periods and any resulting appellate proceedings. The court’s endorsed order states that NRDC consented to an extension of no more than 90 days.
Ruling
Judge Edgardo Ramos extended the stay for 90 days, until August 15, 2023. This order addressed the timing of the case and did not resolve NRDC’s underlying claim regarding EPA’s perchlorate-related regulatory actions.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.