Description: Challenge to EPA's designation of an ocean dumping site in Long Island Sound.
Rosado v. Pruitt
Filing Date Type File Action Taken Summary 01/02/2018 Memorandum Download Memorandum and order issued granting Connecticut Department of Energy and Environmental Protection's and the Town of Southold's motions to intervene. 08/17/2017 Complaint Download Complaint filed. New York Challenged EPA Designation of New Ocean Dumping Site, Saying EPA Failed to Account for Future Resilience Projects That Would Require Dredged Materials. The State of New York, its secretary of state, and the commissioner of its environmental regulatory agency sued EPA to challenge its designation of a permanent open water site in the eastern Long Island Sound for disposal of dredged materials. EPA designated the site as one of two new dumping sites in the sound pursuant to the Marine Protection, Research, and Sanctuaries Act, also commonly known as the Ocean Dumping Act. The plaintiffs charged that EPA had acted arbitrarily and capriciously, including by “unreasonably inflat[ing] the projected dredged material disposal needs for the area.” The plaintiffs cited, among other factors, increased need for sand and coarse-grained sediment for beach nourishment and other coastal resilience projects due to sea level rise and increasingly frequent intense storm events.