Based on the foregoing motions and the parties’ joint request, and for good cause shown, the Court hereby VACATES the Order of its December 29, 2021 Opinion and Order (ECF No. 57 at 21, lines 17-19 and 22, lines 6 to 8). In addition, it is hereby ORDERED that: EPA will issue a new decision on Plaintiff’s 2013 Petition relating to water quality standards for the State of Washington to protect aquatic life (the “Petition”) no later than September 1, 2022
EPA is well aware that the Puget Sound-specific cyanide criteria used by these permits are likely not protective of designated uses in Puget Sound.
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.
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.