District Court Focuses On Reviewability of Agency Letters and Emails: Determinations to Be Case-by-Case

In Puget Soundkeeper Alliance v. EPA, the US District Court for the Western District of Washington held that emails and letters from US EPA staff to the Washington Department of Ecology (Department) describing US EPA staff’s belief that the Department’s fish consumption statistics were not accurate did not rise to the level of a statutory determination that the Department’s fish consumption rate was inadequate requiring US EPA to promulgate a revised standard pursuant to Section 303 of the Clean Water Act (CWA), 33 U.S.C. §1313.