ELR Citation: 55 ELR 20077
No(s). 23-636 (9th Cir. Jun 18, 2025)

The Ninth Circuit granted in part environmental groups' petition to review EPA's decision refusing to revise technology-based effluent limits, guidelines, and standards (ELGs) for certain industries previously promulgated under the CWA. The groups challenged EPA's decision refusing to revise ELGs for seven specific source categories that they argued were substantially out of date. The court agreed with EPA that it was not required to revise every outdated ELG, but ruled its refusal as to the categories at issue failed to properly consider advances in pollution control technology, failed to properly consider pretreatment standards and guidelines applicable to indirect dischargers, and failed to properly consider information relating to pollutants not currently covered by the applicable ELGs. It remanded to EPA to reconsider its decision or provide a fuller explanation.