National Mining Ass'n v. Jackson
768 F. Supp. 2d 34
| D.D.C. | 2011Background
- NMA sues EPA and the Corps under the Clean Water Act and APA challenging MCIR Assessment, EC Process, and Guidance Memorandum.
- Action concerns EPA/corps actions that purportedly change Section 404/402 permitting procedures and timing.
- MCIR Assessment screens pending Section 404 permits for extra EC Process review not in the 404(b)(1) guidelines.
- Guidance Memorandum allegedly imposes region-wide conductivity standards affecting both Section 402 and 404 permits.
- Plaintiff seeks preliminary injunction; defendants move to dismiss; court denied both motions.
- Court held the actions constitute final agency action, ripe for review, and plaintiff has standing; preliminary injunction denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Final agency action present? | MCIR, EC Process, and Guidance are final actions. | Actions are not final or binding and do not determine rights. | Yes, actions meet finality and binding effect. |
| Ripeness for review? | Actions are final and purely legal, requiring no future factual development. | Review would be premature absent a specific permitting decision. | Ripeness satisfied; claims reviewable. |
| Standing established? | Procedural injury and 'additional, illegal process' injure members concretely. | No concrete injury without a denied permit. | Standing found on procedural and ongoing injury. |
| EPA actions are legislative rules? | MCIR, EC Process, and Guidance enact substantive rules. | Actions are interpretive or interim guidance. | Likely legislative rules;APA notice-and-comment required. |
| EPA exceeded statutory authority? | Actions expand EPA role beyond 404/303 authorities. | EPA coordination authority under CWA permits such actions. | Likely exceed statutory authority. |
Key Cases Cited
- Appalachian Power Co. v. EPA, 208 F.3d 1015 (D.C. Cir. 2000) (guidance can be final agency action with legal consequences)
- CropLife America v. EPA, 329 F.3d 876 (D.C. Cir. 2003) (binding effect of directives can constitute final action)
- Gem Cnty Mosquito Abatement Dist. v. EPA, 398 F. Supp. 2d 1 (D.D.C. 2005) (interim guidance may be final action if it binds agency outcome)
- Bennett v. Spear, 520 U.S. 154 (1997) (finality requires action mark consummation of decision and have legal consequences)
- Gen. Elec. Co. v. EPA, 290 F.3d 377 (D.C. Cir. 2002) (binding effect of agency action; finality considerations)
- FTC v. Standard Oil Co. of Cal., 449 U.S. 232 (1981) (finality and final agency action interpreted pragmatically)
- Am. Mining Cong. v. Mine Safety & Health Admin., 995 F.2d 1106 (D.C. Cir. 1993) (rules must follow APA notice-and-comment for major changes)