ELR Citation: ELR 20033
No(s). 89-1790 (4th Cir. Aug 30, 1990)

The court holds that the district court lacked jurisdiction over a developer's challenge to an Environmental Protection Agency (EPA) administrative order under the Federal Water Pollution Control Act (FWPCA) requiring the developer to cease and desist the filling of wetlands. The developer asserted that EPA lacked jurisdiction over the site because the wetlands are not adjacent to a body of water. The court holds that case law precluding preenforcement review of administrative orders issued under the Comprehensive Environmental Response, Compensation, and Liablity Act (CERCLA) and the Clean Air Act indicates that Congress intended to preclude judicial review of FWPCA compliance orders prior to an enforcement action or imposition of penalties. The FWPCA is structurally similar to CERCLA and the Clean Air Act, and the Clean Air Act's enforcement provisions served as the model for those of the FWPCA.

[The district court's decision is published at 20 ELR 20003.]

Counsel for Plaintiffs-Appellants
Richard Russell Nageotte
Nageotte, McCormack, Krein & Gray
14908 Jefferson Davis Hwy., Woodbridge VA 22191
(703) 497-0000

Counsel for Defendants-Appellees
Ellen J. Durkee, Richard B. Steward, Thomas H. Pacheco
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Henry E. Hudson, U.S. Attorney, Susan L. Watt, Ass't U.S. Attorney
407 U.S. Courthouse, Rm. 401, 600 Granby St., Norfolk VA 23510-1915
(804) 441-6331

Before ERVIN, Chief Judge, RUSSELL, Circuit Judge, and BULLOCK, District Judge for the Middle District of North Carolina, sitting by designation.