Upper Missouri Waterkeeper v. EPA

State water quality standards developed under the Clean Water Act play a key role in curtailing the negative environmental, economic, and human health impacts of water pollution. Under the state water quality regulatory framework, EPA may grant variances to state standards should the state demonstrate the compliance with its standards is infeasible for a certain pollutant discharger or waterbody. Montana DEQ developed a variance for nutrients based on evidence that compliance with those standards would cause economic harm. EPA approved Montana\u27s nutrient pollutant variance, and Upper Missouri Waterkeeper challenged EPA\u27s approval on the grounds that the variance violates the Clean Water Act. The Ninth Circuit held that (1) EPA may consider the cost of implementing pollution control technology to attain compliance with state standards when approving variance requests, and (2) EPA properly interpreted its regulations as requiring compliance with the variance standard only at the end of the variance term. This note will explore how the decision may incentivize states to engage in a water quality race-to-the-bottom, sacrificing improvements in the name of cost, failing to protect the health of our nation\u27s waters, and further exposing low-income communities to degraded resources

An island of wildlife in a human-dominated landscape: The last fragment of primary forest on the Osa Peninsula's Golfo Dulce coastline, Costa Rica.

Habitat loss and fragmentation, together with related edge effects, are the primary cause of global biodiversity decline. Despite a large amount of research quantifying and demonstrating the degree of these effects, particularly in top predators and their prey, most fragmented patches are lost before their conservation value is recognized. This study evaluates terrestrial vertebrates in Playa Sandalo, in the Osa Peninsula of Costa Rica, which represents the last patch of "primary" forest in the most developed part of this region. Our study indicates that the diversity of ground species detected within Playa Sandalo rival other areas under active conservation like Lapa Rios Ecolodge. Historical fragmentation, together with the maintenance of forest cover in isolated conditions, are potentially responsible for the species composition observed within Playa Sandalo; facilitating the development of a prey-predator system including ocelots, medium-size mammals, and birds at the top of the trophic chain. The high diversity of both habitat and vertebrates, its prime location and cultural value, as well as its unique marine importance represent the ideal conditions for conservation. Conservation of Playa Sandalo, and other small tropical forest remnants, might represent the only management option for wildlife conservation within ever growing human-dominated landscapes