Plastics Litigation Tracker

Allegations: Plaintiffs, petroleum refineries, brought an action against the Environmental Protection Agency (EPA) challenging regulations promulgated by the EPA under the Clean Water Act, which would regulate pollution control that includes plastic discharge. Plaintiffs argued that the regulations promulgated by the EPA were unreasonable. Filed 08/11/1976.

Outcome: Closed. On August 11, 1976, the court upheld some of the challenged regulations where the record showed reasonable support, and remanded other regulations for reconsideration because the record failed to show support that was "sufficiently reasonable." See the opinion here.

Allegations: Plaintiffs, plastics manufacturers, brought an action against the Administrator of the Environmental Protection Agency (EPA) seeking review of effluent limitation guidelines adopted by the EPA pursuant to the Clean Water Act.

Outcome: Closed. On March 10, 1976, the court remanded to EPA, holding that the many intangible benefits of clean water justified vesting the Administrator with broad discretion, just short of being arbitrary or capricious, in considering the cost of pollution abatement. See the opinion here.

Allegations: Plaintiff, Natural Resources Defense Council (NRDC), brought an action against the Administrator of the Environmental Protection Agency (EPA) seeking to compel the EPA to publish effluent limitation guidelines called for under Section 304(b)(1)(A) of the Clean Water Act. The guidelines limited discharge of pollutants, which included plastic discharge.

Outcome: Closed. On December 5, 1974, the D.C. District Court granted summary judgment to NRDC. On appeal, the Circuit Court reversed in part, holding that Act did not require publication of guidelines within one year after its enactment as a nondiscretionary imperative. See the opinion here.