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Slinger Drainage, Inc. v. Environmental Protection Agency

ELR Citation: 31 ELR 20428
Nos. 99-1433, 237 F.3d 681/(D.C. Cir., 01/30/2001)

The court holds that a drainage tile company's appeal of a civil penalty imposed for discharging a pollutant into a wetland without a Clean Water Act (CWA) §404 permit was untimely. CWA §309(g)(8)(B) states that a party may obtain judicial review of a civil penalty by filing a notice of appeal within a 30-day period beginning on the date the civil penalty order is issued. Accepting the company's argument that the order was issued on September 30, 1999, its notice of appeal, which was filed on November 1, 1999, was not timely because it was filed with the court two days after the legal time period.

Counsel for Petitioner
Gary R. Leistico
Rinke & Noonan
Wells Fargo Center
400 First St. S., Ste. 700, St. Cloud MN 56302
(320) 251-6700

Counsel for Respondent
Scott J. Jordan
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000