(January 7, 2021) – NACWA filed another brief this week in ongoing litigation over a challenged nutrient variance in Montana.   

The Association filed a Motion for Stay on December 10 asking the district court to stay its ruling requiring development of a new variance while the court’s previous decision in the case is under appeal to the U.S. Court of Appeals to the Ninth Circuit.   

The environmental plaintiffs in the case opposed that request, and in doing so suggested that public clean water utilities are not sufficiently interested in public health and water quality protections to justify a stay.   

This elicited a strong response from NACWA in its January 5 filing, which noted that public utilities are environmental organizations with the primary responsibility for protecting the environment and that environmental NGOs do not have a monopoly on that responsibility. 

Oral arguments in the appeal of the underlying variance are scheduled for March.   

NACWA will keep the membership updated on developments and members can direct any questions to Amanda Aspatore, NACWA’s Chief Legal Counsel.