EPA Fighting Order That It Decide on Gulf 'Dead Zone' Rulemaking

"The U.S. Environmental Protection Agency wants the federal appeals court in New Orleans to overturn an order that forces the EPA to decide whether federal rules are needed to curb the flow of pollutants into the Mississippi River. The pollutants ultimately feed a low-oxygen "dead zone" along Louisiana's coast each spring.

At a Thursday hearing before the 5th Circuit Court of Appeals, federal attorneys told a three-judge panel that the EPA -- not the courts -- is responsible for setting priorities for water quality and other issues. The agency argued that the lower-court order allows the rule-making process to "be whipsawed back and forth" by interest groups.

At issue is U.S. District Judge Jay Zainey's ruling from 2013 that the EPA must make a "necessity determination" on whether a federal crackdown on water pollutants in the Mississippi River is required. The 5th Circuit granted the EPA's request to delay Zainey's order while it appealed the agency appeals."

Jennifer Larino reports for the New Orleans Times-Picayune December 4, 2014.