ELR Citation: 45 ELR 20234
No(s). 14-13508 (11th Cir. Nov 25, 2015)

The Eleventh Circuit denied environmental groups' lawsuit challenging EPA's interim decision not to revoke Alabama's NPDES permitting authority. Alleging 26 program deficiencies, the groups petitioned EPA to begin proceedings to withdraw Alabama's authority to administer the NPDES program. EPA issued an interim response in which it found that 22 of the alleged deficiencies did not warrant the initiation of program withdrawal proceedings. EPA also stated it would defer making a decision on the remaining issues and instead work with the state to give it an opportunity to address those concerns. The groups then filed suit, challenging EPA's findings on the 22 deficiencies for which it found no basis to initiate withdrawal proceedings. But EPA has neither denied the petitions nor decided whether to commence program withdrawal proceedings. It has only issued an interim report addressing some, but not all, of the alleged deficiencies. And EPA's partial findings are still subject to reconsideration. Because EPA has not made a determination, the court lacks jurisdiction under CWA §509(b) to review those portions of the interim report with which the groups disagree. The court, therefore, dismissed the appeal without prejudice.