EPA Must Update Oil Spill Response Plan to Avoid Toxins

The Environmental Protection Agency has a clear, non-discretionary duty under the Clean Water Act to update its National Contingency Plan for addressing oil spills, a California federal court said in a ruling denying the agency’s motion to dismiss.

Environmental organizations say that the current plan uses toxic chemical dispersants to break up the oil that do more harm than good. The agency issued a proposed rule to update the NCP in 2015, but has yet to issue a final rule five years after the comment period closed, according to the lawsuit.

The EPA argued that the plain language of a ...