WA CZARA Stipulated Order
Effective upon the date of entry of this Stipulated Order of Dismissal, EPA’s 2015 Approval of Washington’s 2015 Submission is remanded without vacatur to EPA, for reconsideration as provided for in Paragraphs 3, 4, and 7;
Effective upon the date of entry of this Stipulated Order of Dismissal, EPA’s 2015 Approval of Washington’s 2015 Submission is remanded without vacatur to EPA, for reconsideration as provided for in Paragraphs 3, 4, and 7;
We agree with Ecology that “current individual permits do not address this [nitrogen] pollutant,” Preliminary Draft at 7, but we do not agree with Ecology that it can force facilities to apply for this coverage, id. at 6 (“must submit”). Under what legal authority does Ecology believe that it can force an application for coverage under this permit, particularly given that all of the facilities in question already have NPDES permits?
The Permit is contrary to law because it is inconsistent with the requirements and intent of the federal Clean Water Act and its governing regulations promulgated by the U.S. Environmental Protection Agency (“EPA”) and the Washington State Water Pollution Control Act and its governing regulations promulgated by Ecology.
The Permit is contrary to law because it is inconsistent with the requirements and intent of the federal Clean Water Act and its governing regulations promulgated by the U.S. Environmental Protection Agency (“EPA”) and the Washington State Water Pollution Control Act and its governing regulations promulgated by Ecology.
NWEA’s Motion to Clarify Scope of Review (Dkt. No. 38) is GRANTED. Judicial review of NWEA’s claim is not confined to the administrative record The parties may rely on any admissible evidence in support of their summary judgment briefing.
Full text of NWEA’s News Release on the State of Washington CZARA Complaint filed on December 7, 2016.