Over a year after a federal court ruled in NWEA’s favor on key provisions of Oregon’s water quality temperature standards, an agreement between NWEA and EPA has resulted in two court orders – one in January and the second in April – in which the court has vacated the Natural Conditions Criteria (that allows automatic changes to state standards without federal agency review) and the Endangered Species Act (ESA) consultation. EPA has agreed to take action on the Natural Conditions Criteria and to review Oregon’s antidegradation guidance. Oregon has agreed to remove nonpoint source exemptions from its rules and, if it fails, EPA has agreed to take action on those provisions. EPA and the federal fish and wildlife agencies have agreed to redo their ESA consultation. It’s been a long 20 years to get to this point; let’s hope the agencies get it right from now on!
