ELR Citation: 51 ELR 20153
No(s). 19-15535 (9th Cir. Aug 5, 2021)

The Ninth Circuit affirmed dismissal of a lawsuit concerning guidance issued by EPA recommending a statistical method for assessing water toxicity. Trade groups argued the Agency violated the APA and the CWA in issuing the guidance. A district court found that the guidance was not final agency action and dismissed the suit. The appellate court found that the guidance imposed no legal consequences and thus did not constitute final agency action. It therefore affirmed dismissal of the suit.