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Keywords

jurisdictionstatuteappealregulationobjectionclean water act
jurisdictionappealregulationobjectionclean water act

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American Paper Institute, Inc. v. U.S. E.P.A., 890 F.2d 869, 30 ERC 1313, 30 ERC 1714, 20 Envtl. L. Rep. 20,482, 19 Envtl. L. Rep. 21,361

Facts

The American Paper Institute (API) and four paper and pulp mill owners petitioned for review of the EPA's objections to permits proposed by the Wisconsin Department of Natural Resources (WDNR). The EPA had objected to thirteen permits, stating that they failed to monitor and limit toxic pollutant discharges as required by law. After the state modified the permits in response to the EPA's objections, API challenged the EPA's authority to object and to promulgate antidegradation regulations, arguing that the EPA exceeded its authority under the Clean Water Act.

American Paper Institute challenges the EPA's authority to object to the WDNR-proposed permits. API contends that the EPA exceeded its authority when it objected to proposed permits that, API argues, were within the guidelines and requirements of the Act. Furthermore, API claims that nowhere in the Act is the EPA authorized to promulgate an antidegradation policy for the states.

Issue

Whether the Court of Appeals has subject matter jurisdiction to review the EPA's objections to permits issued by a state agency and the EPA's authority to promulgate antidegradation regulations under the Clean Water Act.

Whether the Court of Appeals has subject matter jurisdiction to review the EPA's objections to permits issued by a state agency and the EPA's authority to promulgate antidegradation regulations under the Clean Water Act.

Rule

The Clean Water Act, specifically 33 U.S.C. § 1369(b)(1), limits the jurisdiction of federal courts of appeals to review certain actions of the EPA, and the court must determine if the actions challenged by API fall within that jurisdiction.

The EPA claims that this court lacks subject matter jurisdiction to review API's claims. It argues in the alternative that the claims are not ripe for review. We agree with the EPA that we lack subject matter jurisdiction to hear either of API's claims and do not reach either the question of ripeness or the substantive merits of API's appeal.

Analysis

The court analyzed the jurisdictional limits set by the Clean Water Act and concluded that the EPA's objections to the state-issued permits did not constitute a 'denial' of a permit under the statute. The court emphasized that the amendments to the Clean Water Act allowed the EPA to issue permits if the state refused to modify its proposed permits, thus changing the nature of EPA objections from being functionally similar to denials. Therefore, the court found it lacked jurisdiction to review the EPA's actions.

Because we find that we lack subject matter jurisdiction to hear this appeal, we do not reach any of the EPA's or API's other arguments.

Conclusion

The Court of Appeals dismissed the petition for lack of subject matter jurisdiction, concluding that the actions challenged by API were not reviewable under the Clean Water Act.

We therefore find that 33 U.S.C. § 1369(b)(1)(E)–(F) does not give this court subject matter jurisdiction to hear this appeal. Because we lack jurisdiction, we dismiss API's petition for review.

Who won?

Environmental Protection Agency (EPA) prevailed because the court found it lacked jurisdiction to review the claims made by the American Paper Institute.

The EPA, in February 1974, authorized WDNR to issue permits to point sources in Wisconsin. Pursuant to that authority, WDNR proposed to issue thirteen permits to paper and pulp mills in Wisconsin.

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