Western States Petroleum Ass'n v. State Department of Health Serverces

Pursuant to the California Safe Drinking Water Act (Health & Saf. Code, § 116270 et seq.), defendant state Department of Health Services (the Department) has the responsibility of establishing primary drinking water standards that include the maximum levels of contaminants which, in the Department’s judgment, may have an adverse effect on the health of persons. (Health & Saf. Code, §§ 116275, subd. (b), 116365; further section references are to this code unless otherwise specified.) The Department has discretionary authority to set secondary drinking water standards that relate to the effect of a contaminant upon the taste, odor, and appearance of water. (§ 116275, subd. (d).) However, in 1997, the Legislature required, among other things, that on or before July 1, 1998, the Department had to adopt secondary drinking water standards for methyl tertiary-butyl ether, commonly known as MTBE. (§ 116610, subd. (b); Stats. 1997, ch. 814, § 11; Stats. 1997, ch. 815, § 3.)

The Department adopted a secondary drinking water standard for MTBE by regulation. (Cal. Code Regs., tit. 22, § 64449.) Plaintiffs Western States Petroleum Association and the California Chamber of Commerce…