Dist. Ct. did not err in dismissing plaintiff-tribe’s action under Administrative Review Act (APA) to review defendants-EPA and U.S. Corps of Engineers’ denial of plaintiff’s request to exercise authority over dredge-and-fill permit that had been issued by State of Michigan to private entity on land adjacent to Menominee River, even though plaintiff alleged that issuance of said permit threatened certain sacred tribal lands. Record showed that in 1984 defendants had allowed Michigan to issue certain permits under Clean Water Act that included instant permit, and Dist. Ct. could properly conclude that: (1) defendants’ responses to plaintiff’s request to reconsider 1984 decision merely re-stated status-quo that Michigan had authority to issue said permit; and (2) defendants’ responses were not final and reviewable actions within meaning of section 704 of APA. Ct. further noted that plaintiff had filed still-pending state-court action in Michigan that contested issuance of permit, and that plaintiff could seek review of any adverse decision in Michigan state court. Dist. Ct. also did not err in denying plaintiff’s request to file amended complaint, where: (1) defendant-EPA has non-reviewable discretion to withdraw its objection to Michigan’s issuance of instant permit; and (2) plaintiff could not allege any Preservation Act claim in absence of allegation that project that was subject to instant permit had federal funding.
Federal 7th Circuit Court
Civil Court
Clean Water Act