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NATURAL RESOURCES DEFENSE COUNCIL v. BODINE

No. 20 Civ. 3058 (CM).

471 F.Supp.3d 524 (2020)

NATURAL RESOURCES DEFENSE COUNCIL, Environmental Justice Health Alliance, Public Citizen, Catskill Mountainkeeper, Center for Coalfield Justice, Clean Water Action, Coming Clean, Flint Rising, Indigenous Environmental Network, Just Transition Alliance, Los Jardines Institute, Southeast Environmental Task Force, Texas Environmental Justice Advocacy Services, Water You Fighting for, West Harlem Environmental Action, Inc., Plaintiffs, v. Assistant Administrator Susan Parker BODINE, Administrator Andrew Wheeler, United States Environmental Protection Agency, Defendants.

United States District Court, S.D. New York.

Signed July 8, 2020.

Attorney(s) appearing for the Case

Aaron Colangelo , Jared Eldridge Knicley , Natural Resources Defense Council, Washington, DC, Gonzalo E. Rodriguez Gonzalez , Natural Resources. Defense Council, San Francisco, CA, Michelle Wu , Natural Resources Defense Council, New York, NY, for Plaintiffs Natural Resources Defense Council, Environmental Justice Health Alliance, Catskill Mountainkeeper, Center for Coalfield Justice, Clean Water Action, Coming Clean, Flint Rising, Indigenous Environmental Network, Just Transition Alliance, Los Jardines Institute, Soiltheast Environmental Task Force, Texas Environmental Justice Advocacy Services, Water You Fighting For, West Harlem Environmental Action, Inc.

Aaron Colangelo , Jared Eldridge Knicley , Natural Resources Defense Council, Allison Zieve , Public Citizen Litigation Group, Washington, DC, Gonzalo E. Rodriguez Gonzalez , Natural Resources Defense Council, San Francisco, CA, Michelle Wu , Natural Resources Defense Council, New York, NY, for Plaintiff Public Citizen.

Lucas Estlund Issacharoff , Rachael Lightfoot Doud , United States Attorney's Office, New York, NY, for Defendants.

MEMORANDUM DECISION AND ORDER

On March 26, 2020, the Environmental Protection Agency ("EPA") issued a Temporary Enforcement Policy (the "Policy") that describes EPA's intention to exercise "enforcement discretion" during the COVID-19 public health emergency for violations of certain routine monitoring and reporting obligations...

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