Waterkeeper Alliance Secures Major Legal Win Requiring EPA to Reconsider Outdated Industrial Water Pollution Standards - Waterkeeper

Waterkeeper Alliance Secures Major Legal Win Requiring EPA to Reconsider Outdated Industrial Water Pollution Standards

By: Waterkeeper Alliance

Clean Water Defense | News | Press Releases | Waterkeeper Movement | Clean Water Act

In a late-breaking legal victory for clean water and frontline communities, the U.S. Court of Appeals for the Ninth Circuit ruled today that the U.S. Environmental Protection Agency (EPA) acted unlawfully by declining to update outdated water pollution standards for seven of the nation’s most polluting industrial sectors—including oil refineries and plastics manufacturers.

The court sided with Waterkeeper Alliance and a coalition of environmental groups— including Bayou City Waterkeeper, Black Warrior Riverkeeper, San Antonio Bay Estuarine Waterkeeper, and Tennessee Riverkeeper — that challenged the agency’s refusal to revise technology-based discharge limits, many of which have not been updated in over 30 years. These outdated standards govern how toxic industrial wastewater is treated before being released into rivers, lakes, and other public waters.

“It is long past time for EPA to update water pollution control standards for industries like petroleum refineries and chemical manufacturers,” said Kelly Hunter Foster, Waterkeeper Alliance Senior Attorney. “Allowing industries to release harmful pollutants into waterways rather than using available modern technology to clean them up is dangerous for the public and aquatic life. That’s exactly why the Clean Water Act requires the agency to regularly update and strengthen these standards.”

The court ordered the agency to reconsider or fully explain its decision. This win stems from a 2023 lawsuit filed by the Environmental Integrity Project (EIP) on behalf of Waterkeeper Alliance, Environment America, and others. The ruling underscores that EPA:

  • Failed to consider advancements in modern pollution control technologies;
  • Ignored the presence of unregulated but harmful pollutants, including dioxins and 1,4-dioxane;
  • Neglected to account for stormwater discharges from the Plastics Molding and Forming industry—which make up 98% of that sector’s pollution;
  • Did not adequately evaluate pretreatment standards for facilities that discharge into public wastewater treatment systems.

EPA has not revised water pollution standards for more than 80% of the 59 industrial categories it oversees. Many of these outdated limits date back to the 1980s, long before current pollution control technologies became standard.

A recent EIP analysis revealed that many facilities discharge toxic substances that EPA does not currently regulate—including persistent and carcinogenic compounds like dioxins and 1,4-dioxane. Nutrient pollution, such as nitrogen and phosphorus from plastics and petrochemical plants, also remains largely unregulated, contributing to dead zones in rivers and coastal waters.

The court’s decision gives the agency 45 days to seek further review. In the meantime, Waterkeeper Alliance will continue working to ensure the agency fulfills its legal obligation to protect water quality and public health.