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Water

Groups sue EPA to force Clean Water Act water quality criteria for herbicide atrazine

  • Complaint filed in U.S. District Court in Northern California
  • Groups say EPA never finalized atrazine water criteria begun in 1999
  • Lawsuit seeks court-ordered dates for proposed and final criteria
A courthouse, in an illustrative photo used on Headwaters WirePhoto: Wikimedia Commons - Larry D. Moore, CC BY 4.0
Illustrative photo.

— Three conservation and public health groups sued the U.S. Environmental Protection Agency (EPA) on Oct 14, asking a court to order the agency to set national Clean Water Act water quality criteria for the herbicide atrazine, a process it began in 1999.1

The Center for Biological Diversity, the Center for Environmental Health and Pesticide Action & Agroecology Network filed the complaint in the U.S. District Court for the Northern District of California.2 It names the EPA and Administrator Lee Zeldin as defendants.1

The complaint alleges that EPA has violated its mandatory duty under section 304(a) of the Clean Water Act.1 That section requires the agency to issue water quality criteria.1 As an alternative claim, the groups say the agency's failure to act is "unlawfully withheld or unreasonably delayed" under the Administrative Procedure Act.1

According to the complaint, EPA published draft aquatic life criteria for atrazine in 2001 and revised draft criteria in 2003.1 In 2005 it indicated it was developing human health criteria.1 The groups allege that EPA "has never developed or published final atrazine criteria for the protection of aquatic life or human health."1

The complaint says about 70 million pounds of atrazine are used in the United States each year.1 Citing an Environmental Working Group analysis, it says atrazine has been detected in drinking water in at least 36 states at over 2,000 utilities, serving approximately 40 million people.1

"We’re taking the Trump administration to court because it’s refusing to protect Americans from the well-documented dangers of the cancer-linked, hormone-disrupting pesticide atrazine," said Nathan Donley, environmental health science director at the Center for Biological Diversity.2

The groups ask the court to order EPA to develop criteria for aquatic life and human health, with enforceable dates for proposed and final rulemaking.1 According to the complaint, they sent EPA a notice of intent to sue on May 28, 2026.1