Ocean County Landfill Corp v. US EPA

Feb 2: In the U.S. Court of Appeals, Third Circuit, Case No. 09-2937. On Petition for Review from the U.S. EPA Region II. U.S. EPA issued a letter opining that facilities operated by Ocean County Landfill Corporation (OCLC) and Manchester Renewal Power Holdings (MRPC) were under common control for the purposes of air emissions permitting. OCLC challenged that determination under subsection 307(b)(1) of the Clean Air Act. See 42 U.S.C. § 7607(b) (providing for judicial review of any "final action" by the EPA). The EPA moved to dismiss for lack of subject matter jurisdiction. The Appeals Court granted the EPA motion.

 

    The Appeals Court ruled, "the EPA's common control determination is not "final action" within the meaning of 42 U.S.C. § 7607(b). Therefore, we lack jurisdiction to hear OCLC's petition for review, and grant the motion to dismiss it."

 

    Access the complete opinion (click here).