States sue EPA over water transfer rule

Minnesota and eight other states have filed a lawsuit against the U.S. Environmental Protection Agency over what they say is an illegal ruling that could hurt fisheries and contaminate drinking water.

The lawsuit targets an EPA water transfer rule published June 9 that exempts the discharge of pollutants contained in "transfer waters" from permitting requirements, the attorneys general said.

The states contend the rule creates a loophole that could allow the transfer of polluted or contaminated water from one water body to another where it would do harm. Examples of water transfers include an oceangoing ship dumping salt water into the Great Lakes or a lake's water being drained into a river. Water transfers routinely occur throughout the country for irrigation projects, city drinking water, dams and ecological restoration.

"Federal regulators jeopardize both our economy and our fishing, boating and outdoors way of life by allowing polluted water to be diverted into Minnesota lakes and rivers," Minnesota Attorney General Lori Swanson said in a news release.

Others suing the EPA include New York, Connecticut, Delaware, Illinois, Maine, Michigan, Missouri, Washington and the Canadian province of Manitoba.

"The EPA takes this issue very seriously and will continue to use all our clean water tools to protect the nation's streams and rivers from potential impacts from water transfers," said EPA Assistant Administrator for Water Benjamin Grumbles in a statement. "However, we have not yet seen a copy of the challenge to the regulation."