ELR Citation: ELR 21090
No(s). 89-70194 (9th Cir. Jul 11, 1990)

The court holds that Chevron's challenge to the upper limits in its national pollutant discharge elimination system permit issued pursuant to §402 of the Federal Water Pollution Control Act (FWPCA) for discharge of oil and grease from offshore oil facilities is time barred. Section 509(b)(1) of the FWPCA provides for filing of a petition for review of an Environmental Protection Agency final order within 90 days or, if petitions are based solely on new grounds, after the deadline. The court rules that although the Act does not provide a statute of limitations for challenges based on new grounds, some limit should apply in the interest of administrative finality. The court declines to decide whether the analogous federal limit of 90 days or the analogous state limit of three years in California's general statute of limitations applies because Chevron's petition is untimely under either limit.

Counsel for Petitioner
Jeffrey J. Truskey
Chevron Corp.
Legal Dept., 555 Market St., San Francisco CA 94105
(415) 894-4849

Counsel for Respondent
David M. Gravallese
Office of General Counsel
U.S. Environmental Protection Agency, 401 M St. SW,
Washington DC 20460
(212) 382-2090

Wallace (before Wright and Kozinski, JJ.)