Results Of Oregon Water Temp Litigation Are Lukewarm

Law360, New York (April 16, 2012, 1:39 PM EDT) -- In a 50-page opinion issued Feb. 28, 2012, Federal Magistrate Judge John Acosta handed the U.S. Environmental Protection Agency (EPA) and the Oregon Department of Environmental Quality (DEQ) a partial victory in Northwest Environmental Advocates (NWEA) v. EPA, et al.

The decision upheld the EPA’s approval under the federal Clean Water Act of the Oregon DEQ’s numeric temperature water quality standards, while rejecting certain narrative standards.

The NWEA also challenged the biological opinions issued by the National Marine Fisheries Service and U. S. Fish and Wildlife...
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