ELR Citation: ELR 20939
No(s). 92-1859 (8th Cir. Feb 22, 1993)

The court holds that federal courts lack jurisdiction to review a city's challenge to the U.S. Environmental Protection Agency's (EPA's) objection to the city's amended state-issued national pollutant discharge elimination system (NPDES) permit for its wastewater treatment plant, because EPA's objection to the Iowa Department of Natural Resources, although indicating disapproval with the city's NPDES permit as drafted, does not constitute final Agency action to issue or deny the NPDES permit for which review is available under §§509(b)(1)(F) and 402 of the Federal Water Pollution Control Act (FWPCA). The court holds that the city's petition for review is premature, because EPA's actions constitute preliminary objections to the proposed permit. Various administrative opportunities still remain under the administrative process mandated by the FWPCA.

Counsel for Petitioner
John R. Klaus, City Attorney
City Attorney's Office
515 Clark Ave., Ames IA 50010

Counsel for Respondents
David Sandalow
U.S. Environmental Protection Agency
401 M St. SW, LE132W, Washington DC 20460
(202) 260-7717

Before JOHN R. GIBSON, Circuit Judge, BRIGHT, Senior Circuit Judge, and FAGG, Circuit Judge.