EPA: Cape Cod Water Woes Not Our Problem

The U.S. Environmental Protection Agency claims a lawsuit against the federal government over the management of Cape Cod’s wastewater was aimed at the wrong group, according to an article in the Cape Cod Times.

The EPA filed a motion to dismiss the suit on Monday.

“Even a cursory reading of the complaint reveals that plaintiffs’ grievance is with the commonwealth of Massachusetts and/or the local governing body designated by the state to address water-quality issues on Cape Cod, the Cape Cod Commission,” EPA attorneys wrote in the 32-page document.

The Conservation Law Foundation and Buzzards Bay Coalition sued the EPA in U.S. District Court in Boston two years ago and again last year, alleging the agency failed to meet its responsibilities under the federal Clean Water Act.

In the first lawsuit, the environmental groups challenged the EPA’s approval of 13 limits, or ‘total maximum daily loads,’ that determine how much nitrogen may enter water bodies on the Cape and Nantucket. They argued in the second lawsuit that the agency failed to require an annual update of a regional plan to manage the Cape’s wastewater.

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