EPA Granted Extension in Cybersecurity Policy Litigation

In the latest development in the ongoing litigation between EPA and three states over the evaluation of cybersecurity practices as part of sanitary surveys, on August 23rd, the US Court of Appeals for the 8th Circuit approved EPA’s request for a 60-day extension on its next briefing deadline to allow additional time for the Agency to “evaluate options.” While it remains unclear what options EPA is considering, it seems likely that moving towards some national cybersecurity regulation is one path they could take. The August 18th filing also buys EPA additional time to address some of the issues raised by the challengers.

The approval of the extension by the 8th Circuit means that the EPA’s subsequent filing deadline will be shifted from September 27 to November 27.

In the meantime, the Court’s July 12th order blocks enforcement of the memo pending a final ruling.