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States’ Standing in Water Suit Built on Sick Kids’ Relocation

Oct. 4, 2022, 4:16 PM

Five states told judges on Tuesday they have standing to sue the EPA for delaying the Trump-era Lead and Copper Rule in part because kids might damage their brains from drinking lead-tainted water and move to one of the plaintiff states, increasing those states’ Medicaid and special education costs.

During oral arguments in Arizona v. EPA, however, a panel of US District Court of Appeals for the District of Columbia Circuit judges had trouble understanding how that claim gives the states standing to sue.

The case focuses on the Environmental Protection Agency’s nine-month delay of the Trump administration’s revised ...