News Release WA Water Quality Standards SJ
Washington waters may get more protection from toxics as a Federal Court orders U.S. Environmental Protection Agency to evaluate the need to protect salmon and orca whales.
Order on Summary Judgement WA Water Quality Standards
Having considered all three reasons that EPA advanced in denying the petition and applied the highly deferential standard under Massachusetts, the Court finds that EPA’s denial of NWEA’s petition and refusal to make a necessity determination was arbitrary, capricious, and ungrounded in the CWA. Based on this finding, the Court VACATES EPA’s denial of NWEA’s petition and REMANDS this matter to EPA for further consideration consistent with this Order.
NWEA Response to Indefinite Stay
It is strange to settle a case and then continue to litigate it. But such is the strange path of the U.S. Environmental Protection Agency (“EPA”) in this case. As stated in EPA’s motion for an indefinite stay (ECF 71), the parties have reached a settlement in principle and are only awaiting final approval by senior counsel at the Department of Justice (“DOJ”).
Declaration of Nina Bell
A core component of NWEA’s mission is to ensure that Washington’s water quality standards—which must, by law, protect these salmonid species and the species that depend upon them, such as the Southern Resident killer whales—are both legally and scientifically supported. Often this has required litigation. And often that litigation has proved successful, which I view as a failing comment on Washington’s progress toward protecting these species as the law requires.
EPA Revised Response to NWEA Petition
EPA is providing a revised response to NWEA’s APA rulemaking petition in three parts in accordance with the terms of the proposed modified order.
EPA Revised Response Granting NWEA Petition for Rulemaking on Water Quality Criteria for Toxics in the State of Washington
EPA is providing a revised response to NWEA’s APA rulemaking petition in three parts in accordance with the terms of the proposed modified order, see id. at Dkt. No. 79, and supported by the rationale