ELR Citation: ELR 20745
No(s). 78-1454 (8th Cir. Oct 10, 1978)

The court dismisses for lack of jurisdiction a petition to review the Environmental Protection Agency's denial of a request for modification of a national pollutant discharge elimination system permit which specifies effluent limitations for waste water discharged from petitioner's gold mine. The court finds it unnecessary to decide whether the petition is invalid because it was filed more than 90 days after issuance ofthe permit, ruling that the petition must be dismissed in any case because it was filed more than 90 days after the denial of the requested modification and was not based solely on grounds arising after the 90th day.

Counsel for Petitioner
A.P. Fuller
Kellar, Kellar, Fuller, Amundson & Furze
215 W. Main St., Lead SD 57754
(605) 584-2440

Counsel for Respondent
Mark R. Sussman
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2752

Nancy Othmer
Office of the General Counsel
Environmental Protection Agency, Washington DC 20460
(202) 755-0835

Lay, Bright, and Ross, JJ.