In a potentially significant development for Environmental law, Judge John Hunderaker recently ruled that the Endangered Species Act necessitates the Environmental Protection Agency (EPA) to engage in consultation with both the Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) before setting out recommended water quality standards. A key factor in this scenario was the nullification of the EPA’s 2016 chronic freshwater criterion for cadmium.
As recorded on JDSUPRA, this situation presents a fascinating interpretation of the potential interaction between legislation and behavioral economics in the context of environmental preservation.
Approaching this from a wider perspective and considering the potential implications, this model may necessitate a broader inter-agency cooperation in the development of environment-related statutory standards. This could encompass a more expansive range of environmental conditions and criteria, ultimately heightening the efforts to safeguard endangered species from potential harm.
Furthermore, it might imply the possibility of fungi, bacteria, or any further organisms being limited in the sense of being considered a “species” as per the Endangered Species Act. This could present interesting legal challenges that might have to be carefully addressed in the long run to avoid potential legislative ambiguity or misinterpretation.
While we have yet to fully see the ripple effects of this ruling, it’s clear it could have a significant impact on the approach of agencies towards interdepartmental coordination, as well as on the legal interpretation of environmental protection legislation.