July 25, 2019 Via electronic mail and certified mail, return receipt requested Andrew Wheeler, Administrator U.S. Environmental Protection Agency William Jefferson Clinton Building 1200 Pennsylvania Avenue, N. W. Washington, DC 20460
[email protected] Jim Kurth, Acting Director U.S. Fish and Wildlife Service 1849 C Street, N.W. Washington, D.C. 20240
[email protected] Re: Sixty-day Notice of Intent to Sue Over EPA’s Approval of the Aquifer Exemption for the Arroyo Grande Oil Field Dear Administrator Wheeler: On behalf of the Center for Biological Diversity (“Center”), we hereby provide notice under the Endangered Species Act (“ESA”),1 pursuant to the citizen provision in Section 11(g),2 that the Environmental Protection Agency (“EPA”) is in violation of Section 7(a)(2)3 of the ESA by failing to consult with U.S. Fish and Wildlife Service (“FWS”) in order to ensure that exemption of portions of the Dollie Sands Member of the Pismo Formation in the Arroyo Grande Oilfield from the protection of the Safe Drinking Water Act (“Aquifer Exemption”) does not jeopardize the continued existence of threatened or endangered species. This letter also provides notice of violations of the National Environmental Policy Act (“NEPA”),4 although such notice is not required under law. The Center for Biological Diversity (“Center”) is a non-profit, public interest environmental organization headquartered in Tucson, with regional offices in Oakland and Los Angeles, and numerous additional offices located throughout the United States, dedicated to the 1 16 U.S.C. § 1531 et seq. and its implementing regulations, 50 C.F.R.