For years, the nonprofit Iowa Environmental Council and other members of the Mississippi River Collaborative (MRC) have asked federal courts to force the U.S. Environmental Protection Agency to set limits for nitrogen and phosphorus, two ingredients of crop fertilizers that are a main cause of a seasonal “dead zone” in the Gulf of Mexico.  

This week, the groups suffered a setback when the U.S. 5th Circuit Court of Appeals in New Orleans sent the case back to the U.S. District Court for the Eastern District of Louisiana to decide if the EPA gave an adequate explanation when it refused to begin a rule-making on so-called nutrient standards for waterways. The appeals court’s analysis of the case basically boils down to a statement that the EPA can do what it wants, as long as it explains its actions. The agency has broad discretion in deciding whether to pursue regulations on such things as greenhouse gas emissions or water pollution from diverse sources, the appeals court ruled.

The collaborative in 2008 petitioned for the EPA to begin rule-making, but the EPA declined.  MRC sued, and won the initial round in U.S. District Court. The EPA appealed.

Now, the U.S. District Court will consider whether the EPA adequately explained its reasons for declining to act, with the framework of an appeals court decision that clearly holds the view that the EPA had the power to make the call it did.

“We don’t have to look any farther than our backyard to understand why federal action is needed,” said Susan Heathcote, the Iowa Environmental Council’s water program director. Heathcote added that Iowa has not set its own standards, even as nitrate problems continue to threaten water supplies and toxic algae outbreaks continue. Read more