ELR Citation: ELR 20827
No(s). 90-1124-JPV (N.D. Cal. Nov 6, 1990)

The court holds that it lacks subject matter jurisdiction in a citizen suit under §505 of the Federal Water Pollution Control Act (FWPCA) to compel the Environmental Protection Agency (EPA) to issue numerical water quality standards for South San Francisco Bay. The court first holds that EPA does not have a nondiscretionary duty to issue these standards under FWPCA §303(c)(4)(B). The court finds no evidence that EPA's Administrator has made a determination that California is not meeting the requirements of the FWPCA. This determination would make EPA's duty to issue the standards mandatory. The court next holds that California's failure to adopt the standards by the statutory deadline does not create a mandatory duty for EPA to issue the standards. FWPCA §303(c) contains no express deadlines directed at EPA.

Counsel for Plaintiffs
Michael Lozeau
Citizens for a Better Environment
942 Market St., San Francisco CA 94102
(415) 788-0690

Counsel for Defendants
Paul Locke, Ass't U.S. Attorney
Federal Bldg., 450 Golden Gate Ave., Rm. 16201, San Francisco CA 94102
(415) 556-1126

Marilyn Jacobsen
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000