Southern California Alliance of Publicly Owned Treatment Works v. U.S. Environmental Protection Agency

The Southern California Alliance of Publicly Owned Treatment Works (SCAP) petitions for review of an objection letter sent by the United States Environmental Protection Agency (EPA) regarding draft permits for water reclamation plants in El Monte and Pomona, California. SCAP argues that we have original jurisdiction to review the objection letter under 33 U.S.C. § 1369 (b)(1)(E), which applies to EPA action “approving or promulgating any effluent limitation,” and 33 U.S.C. § 1369 (b)(1)(F), which applies to EPA action “issuing or denying any permit.” We agree with EPA that we lack subject matter jurisdiction to hear SCAP’s claims, and we dismiss the petition.

I. BACKGROUND

A. The Clean Water Act

In 1972, Congress enacted sweeping amendments to the Federal Water Pollution Control Act (FWPCA) of 1948 “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” 33 U.S.C. § 1251 (a). After another round of substantial amendments in 1977, the statute became known as the Clean Water Act (CWA or the Act). The CWA prohibits the discharge of any pollutant into navigable waters from any point source without a permit. Id. § 1311(a). Permits…