Blog: Fifth District holds State Water Board’s adoption of regulations requiring new test for whole effluent toxicity violated federal Clean Water Act regulations governing NPDES permitting, but not CEQA, APA or Porter Cologne
In a lengthy and highly technical published opinion filed August 5, 2025, the Fifth District Court of Appeal partly reversed and partly affirmed a judgment that had upheld the State Water Resources Control Board’s (“State Water Board” or “SWRCB”) adoption of the “State Policy for Water Quality Control: Toxicity Provisions” (the “Toxicity Provisions”), which policy in relevant part required use of a new “Test of Significant Toxicity” (“TST”) in analyzing a type of pollution known as “whole effluent toxicity.” … As to the CEQA aspects of the Court’s opinion, it provides valuable CEQA-compliance guidance to agencies with certified regulatory programs adopting new regulations that will trigger generally foreseeable future compliance actions the parameters of which are speculative.