Southern California Alliance of POTWs et al., v. United States Environmental Protection Agency et al

Filing 87

ORDER signed by Chief Judge Morrison C. England, Jr. on 4/12/2016 ORDERING that NACWA's 66 Motion for Leave to File Amicus Brief is GRANTED. NACWA is ordered to file its proposed amicus brief forthwith. The government's response, if any , to the amicus brief shall be filed not later than thirty (30) days after this order is electronically filed and shall not exceed twelve (12) pages in length, a limitation consistent with the 12-page size of NACWA's amicus filing. No reply will be permitted. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SOUTHERN CALIFORNIA ALLIANCE
OF PUBLICLY OWNED TREATMENT
WORKS, and CENTRAL VALLEY
CLEAN WATER ASSOCIATION,
Plaintiffs,

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No. 2:14-cv-01513-MCE-DAD

ORDER

v.
UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY; JARED
BLUMENFELD, REGIONAL
ADMINISTRATOR, UNITED STATES
ENVIRONMENTAL PROTECTION
AGENCY, REGION IX; and DOES 1 to
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Defendants.

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Through the motion presently before this Court, the National Association of Clean

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Water Agencies (“NACWA”) seeks leave to file an amicus brief in support of Plaintiffs’

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Complaint for Declaratory Judgment and Injunctive Relief (“Complaint”). According to

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NACWA’s proposed brief, it is a non-profit trade association representing the interests of

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publicly owned wastewater and stormwater utilities across the United States. NACWA

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claims its members include nearly 300 municipal clean water agencies nationwide -1

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including 29 in California – that own, operate, and manage publicly owned treatment

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works, wastewater sewer systems, stormwater sewer systems, and water reclamation

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districts. NACWA alleges those agencies handle all aspects of wastewater collection,

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treatment and discharge.

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Plaintiffs’ Complaint alleges that, on March 17, 2014, Defendants illegally and

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improperly approved the California Regional Water Quality Control Board’s request to

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use a newly formulated technology for testing water toxicity. That decision approved the

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new procedure, which was called the two-concentration Test of Significant Toxicity

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(“TST”), as an Alternative Test Procedure (“ATP”) for determining compliance with the

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Clean Water Act. NACWA requests permission to file an amicus brief on grounds that it

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can provide useful information to the Court in describing how the TST procedure is

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scientifically unsound, improper in light of the procedural requirements for establishing

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test methods under the Administrative Procedure Act, and endangers NACWA members’

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compliance with the National Pollutant Discharge Elimination System. NACWA argues

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that it can provide a broader nationwide perspective than Plaintiffs on the issues already

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raised regarding TST.

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Whether to permit an amicus filing rests solely within this Court’s discretion, with

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“great liberality” typically exercised in permitting amicus curiae briefing in the context of a

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pending case. In re Roxford Foods Litig., 790 F. Supp. 987, 997 (E.D. Cal. 1991).

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Given that liberal standard, and after considering the merits of NACWA’s position and

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the government’s opposition, the Court exercises its discretion in favor of permitting the

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requested amicus filing. NACWA’s Motion for Leave to File Amicus Brief (ECF No. 66) is

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accordingly GRANTED.1 NACWA is ordered to file its proposed amicus brief forthwith.

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Having determined that oral argument would not be of material assistance, the Court ordered this
matter submitted on the briefs in accordance with Eastern District of California Local Rule 230(g).

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The government’s response, if any, to the amicus brief shall be filed not later than thirty

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(30) days after this order is electronically filed and shall not exceed twelve (12) pages in

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length, a limitation consistent with the 12-page size of NACWA’s amicus filing. No reply

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will be permitted.

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IT IS SO ORDERED.
Dated: April 12, 2016

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