ELR Citation: ELR 21315
No(s). 98-979-A (E.D. Va. Apr 29, 1999)

The court limits environmental groups' discovery requests to the administrative record in a citizen suit alleging that the U.S. Environmental Protection Agency failed to perform certain Federal Water Pollution Control Act (FWPCA) and Endangered Species Act (ESA) duties for Virginia rivers. The court first holds that where, as here, the statutes in issue provide for judicial review via citizen suit provisions but fail to set forth a standard for that review, judicial review is limited to Administrative Procedure Act (APA) review on the administrative record. Limiting judicial review to the administrative record in citizen suits is consistent with a sensible reluctance to involve the judiciary too deeply in administrative decisionmaking. This restriction prevents reviewing courts from improperly submitting their own judgment and determination for that of the Agency.

The court next holds that pervasive precedent and settled principles of administrative law compel the conclusion that discovery in the groups' FWPCA and ESA citizen suits are properly limited to APA record review. In the absence of clear statutory direction to the contrary, APA procedures and standards govern review of Agency action. Moreover, if the APA supplies the appropriate standard of review in citizen suit cases, it would be irrational to expand discovery beyond the administrative record because an "arbitrary and capricious" standard of review supplied by the APA assumes that the court will base its review on the material actually before the Agency. In addition, the groups have failed to show the existence of any circumstances that would justify expanding the record or permitting discovery.

Counsel for Plaintiff
Dale R. Schmidt
Law Offices of Dale R. Schmidt
708 Pendleton St., Alexandria VA 22314
(703) 836-1406

Counsel for Defendant
Helen Fahey
U.S. Attorney's Office
2100 Jamieson Ave., Alexandria VA 22314
(703) 299-3700