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P.H. Glatfelter Co. v. EPA

ELR Citation: 21 ELR 20656
Nos. No. 90-1488, 921 F.2d 516/32 ERC 1595/(4th Cir., 12/10/1990)

The court holds that it lacks jurisdiction to hear a challenge by the owner of a pulp and paper mill to an Environmental Protection Agency (EPA) listing decision under §304(l) of the Federal Water Pollution Control Act (FWPCA). EPA placed the mill on a list of point sources discharging toxic pollutants that prevent attainment of applicable state water quality standards. The court holds that EPA's listing decision was a preliminary step, not equivalent to promulgation of an individual control strategy for which judicial review would be available under FWPCA §509(b)(1)(G). EPA conditionally approved a draft modification for the mill's national pollutant discharge elimination system permit as an acceptable individual control strategy under §304(l), but EPA did not avail itself of exclusive permitting authority or attempt to issue a final permit for the mill. Moreover, piecemeal judicial review of EPA decisions under FWPCA §304(l) before final permit issuance would not promote Congress' intent to address toxic hotspots in an expeditious manner.

Counsel for Appellant
David Gideon Mandelbaum
Ballard, Spahr, Andrews & Ingersoll
20th Floor, 30 S. 17th St., Philadelphia PA 19103
(215) 564-1800

Counsel for Appellee
David Aiken Carson
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before ERVIN, Chief Judge, and PHILLIPS and CHAPMAN, Circuit Judges.