SOUTHERN CALIFORNIA ALLIANCE OF PUBLICLY v. EPA

No. 19-15535.

8 F.4th 831 (2021)

SOUTHERN CALIFORNIA ALLIANCE OF PUBLICLY OWNED TREATMENT WORKS; Central Valley Clean Water Association; Bay Area Clean Water Agencies, Plaintiffs-Appellants, v. U.S. ENVIRONMENTAL PROTECTION AGENCY; Deborah Jordan, Acting Regional Administrator, United States Environmental Protection Agency, Region IX, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 5, 2021.


Attorney(s) appearing for the Case

Melissa A. Thorme (argued) and Patrick F. Veasy , Downey Brand LLP, Sacramento, California, for Plaintiffs-Appellants.

John D. Gunter II (argued), Michael C. Gray , and Leslie M. Hill , Attorneys; Eric Grant , Deputy Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Before: Eric D. Miller and Danielle J. Forrest, Circuit Judges, and Patrick J. Schiltz, District Judge.


OPINION

This case involves a challenge to nonbinding guidance that the Environmental Protection Agency issued to recommend a statistical method for assessing water toxicity. The Administrative Procedure Act allows a plaintiff to challenge only final agency action, and...

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