ELR Citation: ELR 20999
No(s). 89-7640 (11th Cir. Jun 28, 1990)

The court holds that the Supremacy Clause does not grant an implied cause of action for review of state-issued national pollutant discharge elimination system (NPDES) permits that contain effluent limits less stringent than those required under federal law. The Alabama Department of Environmental Management proposed to issue two discharge permits for coal bed methane production operations. An environmental organization challenged, solely on Supremacy Clause grounds, the permits' failure to comply with effluent limits promulgated under the Federal Water Pollution Control Act (FWPCA). The court first notes that both the plaintiff and the state agree that the proposed effluent limits comply with relevant federal statutory law as interpreted by the Environmental Protection Agency (EPA). The court concludes that the plaintiff's actual complaint is against EPA's erroneous interpretation of its NPDES regulations. The court holds that the FWPCA precisely defines the means of redress for challenging EPA's actions, and no basis exists to imply any other cause of action.

[The district court decisions are published at 20 ELR 20996 and 20998.]

Counsel are listed at 20 ELR 20998.

Before CLARK and EDMONDSON, Circuit Judges, and RUBIN^*, Senior Circuit Judge.