Bull Run Coalition v. William K. Reilly, Administrator of the United States Environmental Protection Agency

1 F.3d 1246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. BULL RUN COALITION, et al., Plaintiff-Appellee, v. William K. REILLY, Administrator of the United States Environmental Protection Agency, Defendant-Appellant. No. 91-36141. United States Court of Appeals, Ninth Circuit. Submitted July 16, 1993. * Decided July 29, 1993. Before FARRIS and THOMPSON, Circuit Judges, and HARDY, District Judge. ** MEMORANDUM *** FACTS AND PROCEEDINGS Section 1412(b) of the Safe Drinking Water Act, 42 U.S.C. 300g-1(b) ("SDWA" or "the Act"), set deadlines which required the Administrator of the Environmental Protection Agency ("Administrator") to publish maximum contaminant level goals by June 19, 1988 regarding 40 listed contaminants. When the Administrator failed to do so, plaintiff Bull Run Coalition ("Coalition") filed suit on September 29, 1988 to compel that rulemaking under the citizen-suit provision of the Act, section 1449, 42 U.S.C. Sec. 300j-8. On January 4, 1989, defendant…