ELR Citation: ELR 21151
No(s). C-89-3070 MHP (N.D. Cal. Mar 28, 1990)

The court holds that it lacks federal question jurisdiction to review a landfill closure plan administered by a state agency. The state is not an agent of the U.S. Environmental Protection Agency (EPA), and its federally approved hazardous waste program does not amount to joint application of federal laws and standards on behalf of or in conjunction with EPA. Instead, the court holds that the state agency has independent jurisdiction over the landfill because it acts under authority delegated by the state legislature. The mere fact that a state incorporates federal standards by reference does not confer federal jurisdiction.

Counsel for Plaintiff
Scott W. Gordon
Titchell, Maltzman, Mark, Bass, Ohleyer & Mishel
The Hartford Bldg., 650 California St., 29th Fl., San Francisco CA 94108
(415) 392-5600

Counsel for Defendants
Margarita Padilla, Deputy Attorney General
2101 Webster St., 12th Fl., Oakland CA 94612-3049
(415) 464-3794

Kaye A. Allison
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000