A lawsuit brought by two environmental groups against the use of pollution trading to clean up the Chesapeake Bay was dismissed Friday. The original lawsuit sought to sue the Environmental Protection Agency.

Judge Rudolph Contreras in the U.S. District Court for the District of Columbia granted a motion by the EPA to dismiss the lawsuit.

Food & Water Watch and Friends of the Earth sued the EPA in October 2012, claiming that the market-based cleanup program that is part of the EPA’s “pollution diet” for the Chesapeake Bay violates the federal Clean Water Act and would undermine efforts to restore the Bay instead of help it.

The judge ruled that the groups brought their lawsuit prematurely because EPA has not approved any pollution trades drawn up by Bay states. He also declared that the groups cannot show they had legal standing to challenge the programs.

Three months ago, a federal judge in Pennsylvania dismissed legal challenges to EPA’s authority to impose the “pollution diet”. In that case the American Farm Bureau appealed that decision.