The 9th Circuit upheld a decision requiring the EPA to set storm water runoff limits for construction activities by Dec. 1, 2009. At issue in the case was the EPA’s decision not to promulgate national effluent guidelines and new source performance standards for the construction industry after it had identified runoff from construction activities as a source of pollution. The court held that the EPA had a duty under Section 304 of the Clean Water Act to establish the discharge standards, saying that a 2000 final EPA notice of an effluent guidelines plan that listed construction activities as a point-source category requiring guidelines under the Clean Water Act had triggered a 3-year statutory deadline to set the standards. The court rejected the EPA’s argument that the district court lacked jurisdiction over the lawsuit, concluding that because the lawsuit does not challenge a specific EPA rulemaking but rather focuses on the agency’s failure to promulgate a rule, the district court was the appropriate venue.

Link to Natural Resources Defense Council v. EPA (Click on case name.)