Kansas Natural Resource Council, Inc. v. Whitman

MEMORANDUM AND ORDER

VANBEBBER, Senior District Judge.

This case involves claims by Plaintiffs Kansas Natural Resource Council, Inc. and Sierra Club that Defendant United States Environmental Protection Agency (“EPA”) has failed to promulgate water quality standards for the State of Kansas within the time period established by the Clean Water Act, 33 U.S.C. § 1251 et seq. The key issue remaining in the case is whether 33 U.S.C. § 1313(c)(4) requires that the court order immediate promulgation of water quality standard regulations by the EPA, or whether the court has the discretion to order…