ELR Citation: 43 ELR 20118
No(s). 13-617 (D.D.C. May 16, 2013) (Kollar-Kottelly)

A district court dismissed an environmental group's APA lawsuit against EPA challenging 40 C.F.R. §124.55(b), which pertains to state certification of discharge permits issued by the Agency under the CWA. Specifically, the group challenged the portion of §124.55(b) that prohibits EPA from modifying permits to include more stringent conditions added to a state certification after a permit issues. The case arose after EPA issued its vessel general permit that governs ballast water discharges. The group was concerned that in light of the regulation, EPA would not modify the permit should states impose stricter requirements. But the group failed to state a claim raising an as-applied challenge to the regulation. EPA has yet to take any action applying the regulation with respect to the group or the vessel general permit at issue, and until a state imposes more stringent conditions on a certification for the permit, EPA is under no legal obligation to take any action. EPA also has not taken any action from which legal consequences will flow. Therefore, EPA has not taken any final agency action sufficient to trigger review under the APA, and the group's claim is not ripe.