ELR Citation: ELR 20131
No(s). 03-60506 (5th Cir. Jun 16, 2005)

The court dismissed on ripeness grounds an industry association's petition to review a U.S. Environmental Protection Agency (EPA) rule that deferred the national pollutant discharge elimination system permit requirement for certain oil and gas construction sites until March 10, 2005. On March 9, 2005, EPA promulgated a final rule that further delays the date by which small oil and gas construction sites must obtain permits until June 12, 2006. Consequently, a ruling on this case would inappropriately interfere with administrative action. Nor is the hardship faced by the association at this time sufficient to override the administrative body's right to interpret the law. And the court would benefit from further factual development of the issues presented.

[A related decision in this litigation is published at 35 ELR 20117.]