Akiak Native Comm. v. EPA, No. 08-74872

Petition for Review of Alaskan Pollutant Discharge System Denied

In Akiak Native Comm. v. EPA, No. 08-74872, a petition for review of the approval by the EPA of the State of Alaska's application to assume responsibility for administration of portions of the National Pollutant Discharge Elimination System, pursuant to section 402(b) of the Clean Water Act, the court denied the petition where 1) since Alaska law enabled the State to sue permit violators, there was no reason to conclude that Alaska lacks adequate enforcement remedies; and 2) the EPA did not directly manage public lands and was not a federal land management agency.

As the court wrote:  "Petitioner Akiak Native Community and other petitioners and intervenors (collectively "Petitioners" or "Akiak") seek review of the approval by the United States Environmental Protection Agency ("EPA") of the State of Alaska's application to assume responsibility for administration of portions of the National Pollutant Discharge Elimination System ("NPDES"), pursuant to section 402(b) of the Clean Water Act ("CWA"), 33 U.S.C. § 1342(b)."

Related Resources

• Read the Ninth Circuit's Decision in Akiak Native Comm. v. EPA, No. 08-74872