ELR Citation: ELR 20184
No(s). 09-1879 (1st Cir. Jul 16, 2010)

The First Circuit held that the EPA Environmental Appeals Board properly declined a city's petition for review of EPA's grant of a NPDES permit for a city wastewater treatment plant. A petition for review must demonstrate either that EPA's decision involved a clearly erroneous finding of fact or conclusion of law, or that the petitioner's appeal raised an important policy consideration that the Board, in its discretion, should review. Here, the city did not meet this burden and, therefore, procedurally defaulted on its claim. The city sought changes to the permit's terms, but the city failed to specify which permit conditions it was challenging before the Board. Nor did it explain why the NPDES limits were unachievable, let alone clearly erroneous. The city also failed to identify any important policy consideration that would "spur the Board" to assume jurisdiction.