ELR Citation: 45 ELR 20062
No(s). 14-1478 (E.D. Pa. Mar 17, 2015) (Smith, J.)

A district court held that EPA does not have a mandatory duty to review an amendment to the Pennsylvania Sewage Facilities Act under the CWA. The amendment allows the use of certain on-lot sewage systems to satisfy the state's antidegradation requirements. An environmental group claimed the amendment effectively changes existing water quality standards because it allows antidegradation review to be evaded. It therefore sought to compel EPA to review the amendment for compliance with the CWA. Although the CWA does not clearly address the issue presented, EPA regulations unambiguously preclude the conclusion that the amendment constitutes a water quality standard, let alone a revised or new one. As such, the amendment does not trigger EPA's mandatory duty to act, and the court lacks jurisdiction.