S. Cal. Alliance of Publicly Owned Treatment Works v. U.S. Envtl. Prot. Agency

By way of the instant action, Plaintiffs Southern California Alliance of Publicly Owned Treatment Works ("SCAP"), the Central Valley Clean Water Association, the National Association of Clean Water *1063 Agencies, and the Bay Area Clean Water Agencies (collectively "Plaintiffs") seek declaratory and injunctive relief against Defendants United States Environmental Protection Agency ("EPA"), as well as the EPA's Acting Regional Administrator for Region IX, Defendant Alexis Strauss. See First Amended Complaint ("FAC"), ECF No. 18. 1 According to Plaintiffs, Defendants are impermissibly allowing and/or requiring the use of unpromulgated statistical or other procedures for testing toxicity, including what is known as the Test of Significant Toxicity ("TST"), when issuing permits related to the treatment and release of wastewater. Presently before the Court is Defendants' Motion to Dismiss (ECF No. 20), which, for the following reasons is GRANTED with leave to amend.

BACKGROUND

Plaintiffs are organizations whose members treat and recycle wastewater. Pursuant to the Clean Water Act, 33 U.S.C. § 1251 et seq. ("CWA"), Plaintiffs' members must obtain National Pollutant Discharge…