We are closely monitoring a new lawsuit challenging the Washington Water Quality Standards for PCBs. This lawsuit was brought against the US EPA by various industry groups, including Greater Spokane, Inc. (GSI). The Plaintiffs allege that the EPA violated the Administrative Procedure Act in passing the new Water Quality Standards for PCBs in 2022, and ask the United States District Court for the District of Columbia to set aside the rule for the weaker standards promulgated in 2016. Read more on the issues in this Spokesman-Review article.
In 2020, the EPA revoked its own 2016 decision that set strong water protection standards for Washingtonians and regional tribes by keeping water-borne toxics out of fish. The stringent standards were passed to protect the public from these toxic pollutants. Before 2016, Washington’s standards were based on 40 year-old-data, were based on the weakest fish consumption assumptions in the country, and did not meet the standards of the Clean Water Act to ensure that all waters are drinkable, fishable, and swimmable. Spokane Riverkeeper, along with Washington Waterkeepers, Pacific Coast Federation of Fishermen's Associations, EarthJustice, and the Makah Tribe went to court in 2020 to uphold these critical health protections. For more information on our previous litigation, read this blog that explains this history.
The Spokane River is one of the most polluted rivers in Washington State for PCBs, and rolling back the regulations puts the health and well-being of our River and people at risk. The Spokane River already has many fish consumption advisories residents should consider when consuming fish related to the PCB pollution in our waters. DOH Advisory. The lawsuit falsely suggests that we have to choose between clean water and economic stability.
The main purpose of the Clean Water Act is to protect our communities from toxic pollutants and this lawsuit attempts to directly undermine that purpose. Rescinding the water quality standards under what amounts to extreme industry pressure not only destroys the intent of the Clean Water Act, but it damages a process intended to clean up the Spokane River and all of Washington State’s waterways.
This lawsuit has profound environmental justice implications. The current standards were set to protect tribal sustenance fishing, and meet the requirements of the Clean Water Act. At the behest of industry, this suit essentially attempts to pass the cost of operations off onto members of the public, and in particular on to local Tribes which have historically suffered significant loss of fisheries, and in turn a loss of cultural identity.
The Spokane River has many users, beyond tribal subsistence fishers, who will be affected by the proposed changes. With the growing homeless population, more and more people are relying on the river as a source of food. Additionally, sport fishermen in the basin will be at an increased risk for exposure to these toxics. Due to differences in culture and lifestyles, sport anglers and subsistence fishers may consume up to 10 times more fish and seafood than average U.S. consumers. Many of these fishers are BIPOC individuals or immigrant populations. The higher consumption rates of these populations can lead to significant exposures. (Hovinga et al. 1993; Judd et al. 2004).
We strongly believe that our River should be PCB free. Health effects that have been associated with exposure to PCBs include acne-like skin conditions in adults, and neurobehavioral and immunological changes in children, and they are known to cause cancer in animals. (Ecology, 2016). Ecology, Washington State Water Quality Standards: Human health criteria and implementation tools, Overview of key decisions in rule amendment (Jan. 2016) at 52 (“Overview”), available at https://perma.cc/SX88-PU2W. PCBs accumulate in the fish in our river and cause active fish advisories making it unwise to eat the fish from the River.
We need tight water quality standards to protect the public. Every citizen is entitled to clean water by law, and this pollution is a violation of that access.
This case is still developing. Stay tuned to Spokane Riverkeeper on social media or sign up for our newsletter to always get the latest updates.
References
Hovinga ME, Sowers M, Humphrey HE, et al. 1993. Environmental exposure and lifestyle predictors of lead, cadmium, PCB, and DDT levels in Great Lakes fish eaters. Archives of Environmental Health 48(2):98-104.
Judd NL, Griffith WC, Faustman EM. 2004. Consideration of cultural and lifestyle factors in defining susceptible populations for environmental disease. Toxicology 198(1-3):121-33.