ELR Citation: ELR 20815
No(s). 74-814 (D.D.C. Sep 20, 1974)

The court holds that it lacks subject matter jurisdiction to review EPA's regulations, published pursuant to the Federal Water Pollution Control Act Amendments of 1972, setting forth effluent limitations for the pulp, paper and paperboard industries. Section 509 of the statute provides that such review lies exclusively in the court of appeals. The court rules that the challenged regulations constitute limitations promulgated under §301 of the statute rather than guidelines issued under §304 as plaintiff had argued. The court also points out that since guidelines represent only an aid in establishing limitations, plaintiff would not in any event have been entitled to review in the district court under §10(a) of the Administrative Procedure Act because it could not claim to be "adversely affected or aggrieved" by guidelines.

Counsel for Plaintiff
Thomas H. Truitt
Truitt & Fabrikant
910 17th Street, NW
Washington, D.C. 20006

Counsel for Defendants
Thomas C. Lee
Martin Green
Department of Justice
Washington, D.C. 20530