District Court of Appeals Denies Portland's Challenge of LT2 Drinking Water Rule - Printable Version
Today, in a unanimous decision, the three-judge panel of the Washington, DC District Court of Appeals issued a decision in the City of Portland 's challenge to the federal Long Term 2 Enhanced Surface Water Treatment Rule (LT2). The Court rejected Portland 's challenge to the rule.
"We are very disappointed in this ruling," said Water Bureau Administrator David Shaff, "Portland's water system has protected public health for more than 100 years. We challenged this rule because we do not believe the costly, one-size-fits-all approach promulgated by the EPA is necessary for Portland 's pristine water system."
Portland's petition had challenged two requirements of the rule. One would force the city to provide additional treatment of its Bull Run drinking water source to either eliminate or inactivate the microbial pathogen, Cryptosporidium. The second would require that the city either cover its open finished drinking water reservoirs at Mt.Tabor and Washington Parks, provide treatment for Cryptosporidium at the outlets of the reservoirs, or take the reservoirs out of service.
"The city will evaluate its options for maintaining compliance with the Safe Drinking Water Act based on the decision," said Shaff, "Our immediate responsibility is to look at the options available to us and to include the community in analyzing and discussing the City's options."
The LT2 rule contains a provision for granting variances to drinking water regulations for public water systems with high quality sources.
The federal Environmental Protection Agency is responsible for the current implementation of LT2 and would make the decision whether or not to grant a variance if the city chooses to pursue one.
The court's decision is available online at http://pacer.cadc.uscourts.gov/docs/common/opinions/200711/06-1068b.pdf
A link to the City's briefs and more information is available online at:
For more information, contact Tricia Knoll, 503-823-7510