ELR Citation: ELR 20385
No(s). 81-1950 (8th Cir. Feb 23, 1983)

The Eighth Circuit rules that it lacks jurisdiction over challenges to Environmental Protection Agency (EPA) grants of interim status to hazardous waste disposal facilities under §3005(e) of the Resource Conservation and Recovery Act (RCRA), and transfers the case to a district court. Initially, the court notes that RCRA gives the courts of appeals jurisdiction only over permit actions. However, an EPA grant of interim status is not the issuance of a permit as that term is used in §3005 of RCRA. The court thus lacks jurisdiction in this case. The court construes 28 U.S.C. §1631 to allow it to transfer cases over which it lacks jurisdiction, in the interest of justice, to a court where the action could have initially been brought. The court holds that transferring the case before it would serve the interest of justice by preventing the statute of limitations from barring petitioners' suit. The fact that petitioners did not file the 60-day notice before bringing suit in district court, as required by §7002, does not bar transfer because the purpose of the notice has been satisfied in this case.

Counsel for Petitioners
Vincent Foster Jr.
Rose Law Firm
120 E. 4th St., Little Rock AR 72201
(501) 375-9131

William Randal Wright
Graves & Graves
P.O. Box 458, Hope AR 71801
(501) 777-2391

Counsel for Respondent
Elizabeth L. Osheim
Office of Regional Counsel
Environmental Protection Agency, First Int'l Bldg., 1201 Elm St., Dallas TX 75270
(214) 767-2794

Bruce M. Diamond, Dorothy Darrah; Robert M. Perry, General Counsel
Environmental Protection Agency, Washington DC 20460
(202) 382-4134

Lee R. Tyner, Donald W. Stever Jr., David W. Zugschwerdt
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-5476

Counsel for Intervenor
Charles R. Nestrud
House, Holmes & Jewell
1550 Tower Bldg., Little Rock AR 72201
(501) 375-9151

Schatz, J., joined by Ross and Fagg, JJ.