: Fenix Investors

899 F.2d 1383
Nos. 89-2180, 89-2181
This matter is before the court on the motion of the United States Environmental Protection Agency (EPA) to dismiss consolidated petitions for review filed by Westvaco Corporation (Westvaco) challenging certain agency actions taken by EPA Region III on June 2, 1989. Specifically, on that date EPA proposed to partially disapprove lists of “impaired waters” submitted by the states of Maryland and Virginia, respectively, pursuant to §304(l) of the Clean Water Act (CWA). 33 U.S.C. § 1314(l). EPA contends that this court lacks jurisdiction over those petitions. The parties have submitted extensive legal memoranda in support of and opposition to the motion to dismiss. We agree with the EPA’s contentions and will dismiss the petitions for lack of jurisdiction in this court to review the challenged actions at this time.
Westvaco’s petition for review in No. 89-2180 challenges EPA’s preliminary disapproval of Maryland’s § 304(l) lists and associated ICSs developed by the Maryland Department of the Environment. Westvaco owns and operates a bleached kraft pulp and paper mill in Luke, Maryland.
Westvaco’s petition for review in No. 89-2181 challenges EPA’s preliminary disapproval of Virginia’s § 304(l) lists and associated ICSs developed by the Virginia Water Control Board. Westvaco owns and operates a bleached kraft pulp and paper mill in Covington, Virginia.