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Washington State Water Quality Lawsuit Advances Against EPA

June 2, 2021, 2:39 PM

The Environmental Protection Agency’s refusal to determine whether Washington state needs updated water quality standards is subject to judicial review and an environmental group’s lawsuit may proceed, a federal court in the state ruled.

A refusal to engage in agency rulemaking under the Clean Water Act “still enables a court to judge whether the refusal is grounded in statute,” according to the U.S. District Court for the Western District of Washington. This involves “legal as opposed to factual analysis,” the court said Tuesday, citing precedent.

It also presents a case where the affected party has a right to “question the ...