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October 15, 2004 AMSA Fax Alert

Member Pipeline - Fax Alerts - October 15, 2004

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October 15, 2004

Lively WET Case
Oral Argument Goes Well for AMSA, Other Challengers
Today, the U.S. Court of Appeals for the District of Columbia Circuit heard oral argument in the case in which AMSA and other groups are challenging EPA’s final chronic whole effluent toxicity (WET) test methods. The panel of three judges seemed particularly concerned that EPA could not demonstrate that it tested the methods for reliability at low levels of toxicity – and that most WET permit limits are in fact set at such low levels. The justices also seemed troubled by EPA’s desire to use the methods in the face of clear evidence that the tests can yield many false “positive” toxic results. AMSA requested that the court take the chronic WET methods off the federal regulatory books. EPA defended its actions, noting that the methods are no less reliable than the Agency’s chemical tests and that there are many safeguards in the methods that provide dischargers with the “benefit of the doubt.” A written decision from the court is expected in early 2005.

AMSA to Solicit Member Input
on Strategic Planning Initiative/Name Change
As AMSA continues to move forward with its Strategic Planning Initiative the National Office staff will be contacting Association members to facilitate input regarding Member Update 04-16, AMSA Strategic Planning Initiative & Potential Association Name Change (www.amsa-cleanwater.org/private/membcomm/memupdate/mu04-16.cfm). This request for member input comes on the heels of the 2004 Fall Strategic Leadership Retreat, September 20-21, where AMSA leaders discussed and adopted the Association’s Strategic Plan. The leading concept of the Plan embraces the idea of “when people say ‘environmentalist’ they think of us first”. The Association is very interested in any comments members may have regarding the new Strategic Plan and the proposed name change from AMSA to the American Clean Water Council (ACWC). We look forward to speaking with each and every AMSA member between now and Thanksgiving – and to sharing the perspectives that members provide with the Association’s leadership as we work collectively to ensure our future success.

U.S. District Court
Grants AMSA’s Motion to Intervene in Effluent Guidelines Case
The U.S. District Court for the Northern District of California this week granted AMSA’s motion to intervene in a key effluent guidelines case, Our Children’s Earth Foundation (OCF) v. EPA. AMSA argued in favor of its participation before the court in California on September 29 and provided the court with extensive paper filings on September 15. Most other significant activity in the case is on hold until December 9, while the court awaits a ruling – sought by OCF – from the U.S. Court of Appeals for the Ninth Circuit on whether the case should proceed before the district court or before the appeals court. In the case, OCF allege that EPA has failed to review its Clean Water Act (CWA) effluent limitations guidelines (ELG) every five years and to evaluate whether technological advances or changed economic circumstances have made it feasible to make existing guidelines more stringent. AMSA is supporting EPA in the case because the Agency’s potential evaluation and revision of ELGs could have extensive economic impacts on the clean water community. Visit AMSA’s Litigation Tracker (www.amsa-cleanwater.org/private/littrack/) for more details.

  • Now is the time to pre-register for AMSA's upcoming Developments in Clean Water Law Seminar. Visit the Law Seminar's website to register online and browse the latest Seminar program. Members who pre-register will have their names included in the participants list for the Seminar. Also, please contact Nirah Forman, AMSA's Director of Conferences and Meetings if you have any questions or need hotel accommodations, phone: 202/833-2672 or e-mail: nforman@amsa-cleanwater.org.