Last spring, the Montana Legislature abolished numeric standards for phosphorus and nitrogen pollution and replaced them with a “narrative standard,” which generally describes desired conditions for a waterbody free of pollution. The law took effect March 1, and on March 24 Upper Missouri Waterkeeper filed a federal suit against the U.S. Environmental Protection Agency for failing to act.
In its suit, Waterkeeper argues that EPA should have taken formal action to approve or disapprove Montana’s change in standards, as required by federal law. Waterkeeper also says the new standard fails to adequately protect water quality.
“Under the Clean Water Act,
