RECENT STATE DECISIONS

August 2002

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Third District Upholds Secondary Drinking Water Standard For MTBE.
Western States Petroleum Association, et al. v. Department of Health Services,

In a recent decision, the Third District Court of Appeal (Sacramento) upheld the secondary drinking water standard for methyl tertiary-butyl ether (MTBE) established by the California Department of Health Services (DHS). The court held that DHS acted within its statutory authority in establishing the standard and, in so doing, properly considered the facts and policy considerations relevant to the regulatory standard. For background, see, 11 Cal. Water Law & Pol'y Rptr. 302 (August 2001).