Shell Oil Company v. Train

585 F.2d 408 12 ERC 1547 , 9 Envtl. L. Rep. 20 ,023 SHELL OIL COMPANY, Plaintiff-Appellant, v. Russell E. TRAIN, in his official capacity as Administrator of the Environmental Protection Agency, and the Environmental Protection Agency, Defendants-Appellees. No. 76-1870. United States Court of Appeals, Ninth Circuit. Nov. 3, 1978. Richard C. Brautigam (argued), McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for plaintiff-appellant. Jacques B. Gelin (argued), Dept. of Justice, Washington, D. C., for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before HUFSTEDLER and WALLACE, Circuit Judges, and GRAY, * District Judge. HUFSTEDLER, Circuit Judge. 1 Shell Oil Company ("Shell") brought this action in the district court against the Environmental Protection Agency ("EPA") and its Administrator as one of its several assaults on the decisions of the California Regional Water Quality Control Board for the San Francisco Bay Region ("regional board") concerning a pollutant discharge permit for Shell's Martinez, California facility. Reasoning that there was no federal action for the court to review since a state…