Court Affirms EPA Must Consult Before Setting Cadmium Limits

The EPA was obligated to consult with the National Marine Fisheries Service under the Endangered Species Act before recommending national cadmium limits in waterways, a Ninth Circuit panel ruled Tuesday.

The appeals court also ruled 2-1 that the Center for Biological Diversity has standing to challenge the EPA’s failure to conduct the consultation under Section 7 of the ESA.

The Obama administration finalized the cadmium recommendations under the Clean Water Act for states and tribes to adopt in 2016. The center alleged the Environmental Protection Agency nearly tripled the cadmium ...