EPA Says Wash. River PCB Plan Not Legally Binding

Law360 (July 20, 2020, 8:19 PM EDT) -- A challenge to the U.S. Environmental Protection Agency's plan for cleaning up polychlorinated biphenyls in Washington state's Spokane River must be tossed because the plan is merely a schedule and isn't legally binding, the agency has told a federal court.

The EPA said Friday that a nine-year-old dispute over its plan to clean up PCBs in the river should be tossed because the cleaning schedule isn't a binding requirement and is therefore not a final agency action subject to judicial review under the Administrative Procedure Act.

On top of that, the plan has already resulted in lower PCBs in the river,...

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