Oregon's Water Quality Standards Challenged in Court 

Columbia Basin Bulletin

December 16, 2005

Northwest Environmental Advocates this week filed a lawsuit challenging Oregon's water quality standards, contending they pose a hazard to the state's threatened and endangered salmon.

State water quality standards are mandated by the Clean Water Act and establish requirements for industrial discharges, logging practices, and other activities that affect water quality.

"Oregon's standards for the protection of salmon habitat and water quality are like a piece of Swiss cheese - more loopholes than substance," said Nina Bell, executive director of the Portland-based NWEA.

"At every turn, Oregon's water quality standards preclude the actions that are needed to restore clean water and available habitat to the region's salmon. Salmon need cold, clean water in Oregon's streams and rivers," she said.

NWEA's lawsuit, filed in U.S. District Court in Portland against the U.S. Environmental Protection Agency, National Marine Fisheries Service and U.S. Fish and Wildlife Service, challenges the agencies' 2004 approval of standards established by Oregon late the previous year.

The Clean Water Act requires EPA to approve state water quality standards and the Endangered Species Act requires NMFS and USFWS to review EPA's action.

NWEA successfully challenged EPA's approval of Oregon's previous standards on temperature, a legal action that led to the new standards subject to this week's lawsuit.

The outcome of that lawsuit, decided in March 2003, required that new water quality standards for temperature and dissolved oxygen be established for Oregon's waters.



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