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EPA's 'Mild Suggestion' Can't Be Challenged, 9th Circ. Says

By Dorothy Atkins (August 5, 2021, 7:00 PM EDT) -- The Ninth Circuit on Thursday affirmed the dismissal of an Administrative Procedure Act lawsuit challenging the U.S. Environmental Protection Agency's guidance recommending a new water toxicity test, finding that the guidance was merely a "mild suggestion" — not a final action — and can't be challenged under the APA....

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