The Endangered Species Act requires the US Environmental Protection Agency to consult with other agencies before issuing recommended water-quality criteria, a federal judge ruled, vacating the agency’s standard for chronic freshwater cadmium.
“EPA does not have discretion to avoid its obligations under the ESA because EPA thinks they are inconvenient,” Judge John C. Hinderaker of the US District Court for the District of Arizona said. “EPA’s view of proper or efficient policy must yield to ESA’s policy—whatever the cost.”
The agency failed to consult with the US Fish and Wildlife Service and National Marine Fisheries Service before issuing updated water-quality ...