Plaintiffs, eight corporations engaged in the manufacture and sale of chemicals, brought an action against the Administrator of the Environmental Protection Agency (EPA seeking review of certain regulations promulgated by the Administrator under the Federal Water Pollution Prevention and Control Act of 1972 (Act). The district court dismissed the complaint for lack of subject matter jurisdiction to review the regulations. The Court of Appeals for the Fourth Circuit affirmed. It seems clear that the Supreme Court will have to decide the question of the Administrator's authority to issue effluent limitations pursuant to section 301 of the Act before the collateral issue of technical adequacy of the regulations, the function of state permit issuing agencies, and the jurisdictional questions can be resolved.
James C. McMahon, Jr.,
ADMINISTRATIVE LAW- Federal Water Pollution Prevention and Control Act of 1972- Jurisdiction to Review Effluent Limitation Regulations Promulgated Pursuant to the Act by Environmental Protection Agency Lies in Circuit Courts,
4 Fordham Urb. L.J. 623
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