Crown Simpson Pulp Co. v. Costle, 445 U.S. 193 (1980)

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE NINTH CIRCUIT

Syllabus

Held: The action of the Environmental Protection Agency (EPA) under the Federal Water Pollution Control Act in vetoing the issuance to petitioner pulpmill operators of National Pollutant Discharge Elimination System (NPDES) permits that were proposed by an agency of a State authorized by the EPA to issue such permits through its own program, and that granted petitioners’ requests for variances from certain EPA effluent limitations and established alternative effluent limitations if the EPA disapproved the variances, is directly reviewable in the United States Court of Appeals under § 509(b)(1)(F) of the Act, which provides for review in the courts of appeals of EPA actions "in issuing or denying" any NPDES permit. When the EPA, as here, objects to effluent limitations contained in a state-issued permit, the precise effect of its action is to "deny" a permit within the meaning of § 509(b)(1)(F).

Certiorari granted; 599 F.2d 897, reversed and remanded.