Opinion
Case No. C17-1664RSL
06-25-2018
NORTHWEST ENVIRONMENTAL ADVOCATES, Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Defendant.
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
This matter comes before the Court on Northwest Environmental Advocates' "Motion for Summary Judgment." Dkt. # 15. Plaintiff filed this action to force the United States Environmental Protection Agency ("EPA") to approve or disapprove the Total Maximum Daily Loads ("TMDLs") proposed by the Washington State Department of Ecology for 73 segments of the Deschutes River Basin. The parties agree (a) that the EPA had a statutory duty to review the TMDL submission and issue its decision within 30 days of December 17, 2015, and (b) that it failed to do so. The EPA now anticipates completing its review by June 29, 2018, and plaintiff seeks a Court order incorporating that deadline.
Having reviewed the memoranda, declarations, and exhibits submitted by the parties, plaintiff's motion for summary judgment is GRANTED. The EPA shall, no later than June 29, 2018, complete its action pursuant to the Clean Water Act, 33 U.S.C. § 1313(d), on the 73 waterbody-pollutant combinations that constitute the State of Washington's December 2015 "Deschutes River, Percival Creek, and Budd Inlet Tributaries Temperature, Fecal Coliform Bacteria, Dissolved Oxygen, pH, and Fine Sediment Total Maximum Daily Load."
This matter can be decided on the papers submitted. Plaintiff's request for oral argument is DENIED. --------
DATED this 25th day of June, 2018.
/s/_________
Robert S. Lasnik
United States District Judge