Court Weighs Limits Of 'Final Action' Test In Challenge To EPA Permit 'Veto'

摘要

A Michigan road commission is asking a federal appeals court to broadly apply the test for "final agency action" to allow it to sue EPA over a Clean Water Act (CWA) permit objection that triggered federal authority over a formerly state-crafted permit, saying landmark Supreme Court cases show that the agency's "veto" is subject to legal challenges. The Marquette County Road Commission filed a new brief Aug. 31 in its suit against EPA and the Army Corps of Engineers, saying the agencies have abused their authority to block a proposed state CWA dredge-and-fill permit. While the Department of Justice (DOJ) has countered on the agencies' behalf that EPA's objection was not "final" because the federal government - in the form of the Corps - is still developing a permit, the commission says that as soon as EPA blocked the state permit, its role in the process was done, and thus its action was final.