ELR Citation: ELR 21330
No(s). C96-1762R (W.D. Wash. Jul 8, 1997)

The court holds that a U.S. Environmental Protection Agency (EPA) regulation providing that state water quality standards are effective immediately on adoption by the state violates the plain language of Federal Water Pollution Control Act (FWPCA) §303(c)(3). The court first holds that an environmental group's claim that EPA failed to carry out its mandatory duty to review and approve or disapprove proposed state revisions in a timely manner is moot. An EPA letter approved all but one of the state's revised water quality standards, and this letter constitutes a final action for purpose of EPA's obligations under the FWPCA. The court next holds that the environmental group's challenge to the legality of EPA's regulation that allows a state's water quality standard to become effective immediately upon adoption is not moot. There is a reasonable expectation that the group will be faced with this issue again because of EPA's consistent practice of enforcing its regulation. And the duration of the challenged EPA action is too short to allow full litigation before further actions cancel its impact. Next, the court holds that the language in FWPCA §303(c)(3) clearly and unambiguously supports the group's argument that Congress did not intend new or revised state standards to be effective until after EPA has reviewed and approved them. Nothing in the language contradicts the interpretation of §303(c)(3) championed by the group, nor is there any inconsistency among the provisions that needs to be reconciled. The court rejects EPA's public policy argument, because in a case like this one where EPA and plaintiffs do not agree in all respects about congressional intent, the court must be guided by the plain language of the statute. Further, the plain language of the statute does not afford any foundation for EPA's interpretation.

Counsel for Plaintiffs
Todd D. True
Earth Justice Legal Defense Fund
705 Second Ave., Ste. 203, Seattle WA 98104
(206) 343-7340

Counsel for Defendants
Brian Kipnis, Ass't U.S. Attorney
U.S. Attorney's Office
Sea-First Plaza Bldg.
800 5th Ave., Seattle WA 98104
(206) 553-7970