Briefing Begins After Utilities Lose Bid To Block EPA’s NPDES Toxicity Test

September 15, 2023
A federal district court is setting a schedule for merits briefing in litigation brought by a coalition of California water utilities over EPA’s approval of a controversial toxicity test for use in their Clean Water Act (CWA) permits, after the court last month rejected the plaintiffs’ motion for a preliminary injunction on the test’s use. The U.S. District Court for the Eastern District of California filed a Sept. 15 joint stipulation and proposed order that requires the parties in Clean...

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