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Center for Biological Diversity v. Wheeler

ELR Citation: 48 ELR 20184
Nos. CV-18-0059-TUC-JAS, (D. Ariz., 10/29/2018) (Soto, J.)

A district court dismissed a challenge to EPA's amendment to the 2015 Effluent Limitations Guidelines Rule, which established new limits and standards for various types of waste streams discharged by steam electric power plants. Environmental groups argued that the amendment violated the ESA and NEPA. In response, the Agency argued that the court lacked jurisdiction to review the groups' claims because they challenged effluent limitations, which the CWA requires be brought before appellate courts, not district courts. The court agreed, finding that the amendment promulgated effluent limitations under the CWA and thus is directly and exclusively reviewable in appellate courts. The court therefore dismissed the case.