Marquette Cty. Rd. Comm'n v. EPA

摘要

Federal district court will not reconsider dismissed claims brought by Michigan county road commission alleging that Environmental Protection Agency acted arbitrarily and capriciously in objecting to Clean Water Act Section 404 dredge and fill permit application, because: (1) court may reconsider decision that EPA's objections do not constitute final agency action subject to judicial review if commission demonstrates that, in light of U.S. Supreme Court decision finding that approved jurisdictional determination under act is final action, there was palpable defect by which court and parties were misled and correcting defect would lead to different result, and there is no adequate alternative to judicial review; (2) Supreme Court decision did not alter finality analysis for objections and commission has not demonstrated palpable defect in light of Supreme Court decision; and (3) applying for permit is not inadequate alternative to judicial review when permit is sought.