ELR Citation: ELR 20341
No(s). C90-1667Z (W.D. Wash. May 17, 1991)

The court holds that the U.S. Environmental Protection Agency's (EPA's) conditional approval under §304(l) of the Federal Water Pollution Control Act (FWPCA) of individual control strategies (ICSs) for eight pulp and paper mills does not moot a lawsuit challenging the agency's failure to establish and implement ICSs for the eight mills. EPA's conditional approval of the ICSs, which were designed to remove measurable dioxin discharges from the eight mills, was a step toward discharging its duties under the FWPCA, but the agency expressly conditioned its approval of the eight ICSs on issuance of final permits. The court holds that it has subject matter jurisdiction. EPA's conditional approval of the state's draft permits does not relieve the agency of any further responsibilities under the FWPCA. The court holds that injunctive relief is not appropriate because EPA expressly conditioned its March 8, 1991, approval of the draft permits on the state's issuance of final permits by June 4, 1991. Final permits for some but not all of the identified dischargers have now been issued. The court concludes that EPA's compliance with the FWPCA should be judged after that time.

Counsel for Plaintiffs
Victor M. Sher
Sierra Club Legal Defense Fund
216 1st Ave. S., Ste. 330, Seattle WA 98104
(206) 343-7340

Counsel for Defendants
Brian Kipnis
U.S. Attorney's Office
800 5th Ave., Ste. 3600, Seattle WA 98104
(206) 442-7979

Dianne Regas
U.S. Environmental Protection Agency
401 M St. SW, Washington DC 20460
(202) 260-2090