ELR Citation: ELR 20117
No(s). 03-3277 (7th Cir. Jun 13, 2005)

The court denied in part, dismissed in part, and stayed in part petitions challenging the U.S. Environmental Protection Agency's (EPA's) final national pollutant discharge elimination system general permit for stormwater discharges from construction activities. The general permit, among other things, requires operators to submit a notice of intent (NOI) to be covered under the general permit and to submit a stormwater pollution prevention plan (SWPPP). Because NOIs and the SWPPPs are not permits or permit applications, the Clean Water Act's public notice and hearing requirements do not apply. Likewise, an environmental group's Endangered Species Act (ESA) claims fail because the filing of an NOI and the creation of an SWPPP by a private actor does not constitute "federal action." Hence, the ESA's consultation requirements do not apply. In addition, the group lacked standing to challenge other, nonprocedural aspects of the permit. Last, the court stayed consideration of the oil and gas industry's petition pending a decision from the Fifth Circuit as to whether they are required to obtain a permit in the first instance.