Center for Biological Diversity v. EPA, et al. (Ocean Acidification)

Case Updates

The U.S. District Court for the Western District of Washington denied NCLC's motion to intervene in the case.

NCLC filed a motion to intervene in a case addressing EPA regulation of ocean acidification. In this case, the Center for Biological Diversity argues that the EPA is obligated under the Clean Water Act to regulate ocean acidification off the coast of Washington. In its motion to intervene, NCLC noted that many of the U.S. Chamber’s members in Washington, whose interests are not reflected by either of the parties, will be affected by any regulatory changes. The cost to Washington businesses to comply with any new regulations could be high, and businesses wishing to challenge the regulations will face costly litigation.

Later, NCLC filed a response to the parties’ opposition to its motion to intervene. The EPA argued that the proposed intervenors have not demonstrated that their members have a specific interest in the case. In its response, NCLC argued that the proposed intervenors, all membership associations representing business, have members that operate in the state of Washington.