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Center for Biological Diversity v. United States Environmental Protection Agency

United States District Court, W.D. Washington, Seattle Division

March 2, 2015

CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Defendant

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[Copyrighted Material Omitted]

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[Copyrighted Material Omitted]

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For Center for Biological Diversity, Plaintiff: Cari Miyoko Sakashita, Emily Jeffers, LEAD ATTORNEYS, PRO HAC VICE, CENTER FOR BIOLOGICAL DIVERSITY, SAN FRANCISCO, CA; Sarah Uhlemann, CENTER FOR BIOLOGICAL DIVERSITY, SEATTLE, WA.

For United States Environmental Protection Agency, Gina McCarthy, Administrator of the U.S. Environmental Protection Agency, Dennis McLerran, Region 10 Administrator, U.S. Environmental Protection Agency, Defendants: Cynthia J Morris, LEAD ATTORNEY, U.S. DEPARTMENT OF JUSTICE, ENVIRONMENT & NATURAL RESOURCES DIVISION, WASHINGTON, DC; Brian C Kipnis, U.S. ATTORNEY'S OFFICE (SEA), SEATTLE, WA.

For Western States Petroleum Association, AMERICAN PETROLEUM INSTITUTE, Amicuss: Jeffrey Wayne Leppo, LEAD ATTORNEY, Ryan P. Steen, STOEL RIVES (WA), SEATTLE, WA.

For Ecology Department of the State of Washington, Amicus: Leslie R Seffern, ATTORNEY GENERAL'S OFFICE, OLYMPIA, WA.

For Ken Caldeira, Amicus: Patrick Parenteau, LEAD ATTORNEY, PRO HAC VICE, ENVIRONMENTAL AND NATURAL RESOURCES LAW CLINIC VERMONT LAW SCHOOL, SOUTH ROYALTON, VT; Todd D True, LEAD ATTORNEY, EARTHJUSTICE LEGAL DEFENSE FUND (WA), SEATTLE, WA.

For Pacific Coast Federation of Fishermen's Associations, Institute for Fisheries Resources, Southern California Trawlers' Association, Amicuss: Glen H. Spain, LEAD ATTORNEY, PRO HAC VICE, EUGENE, OR; Michael Barsa, LEAD ATTORNEY, PRO HAC VICE, NORTHWESTERN LAW SCHOOL, CHICAGO, IL; Elizabeth Hunter Zultoski, SMITH & LOWNEY PLLC, SEATTLE, WA.

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AMENDED ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

JAMES L. ROBART, United States District Judge.

I. INTRODUCTION

Before the court are the parties' cross motions for summary judgment. ( See CBD Mot. (Dkt. # 33); EPA Mot. (Dkt. # 34).) This case concerns the water quality problem of ocean acidification and its effects on aquatic life in the coastal and estuarine waters of the states of Washington and Oregon. Plaintiff Center for Biological Diversity (" CBD" ) claims that Defendant United States Environmental Protection Agency (" EPA" ) arbitrarily

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and capriciously approved Washington's and Oregon's decisions not to identify any waters experiencing ocean acidification as impaired under Section 303(d) of the Clean Water Act, 33 U.S.C. § 1251 et seq. Having considered the submissions of the parties, the submissions of amici curiae, the administrative record, and the relevant law, and having heard oral argument, the court denies CBD's motion for summary judgment and grants EPA's motion for summary judgment.

II. BACKGROUND

A. Ocean Acidification


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