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LAGUNA GATUNA, INC. v. BROWNER

No. 94-2142.

58 F.3d 564 (1995)

LAGUNA GATUNA, INC., a New Mexico Corporation, Plaintiff-Appellant, v. Carol BROWNER, Administrator of the Environmental Protection Agency; Joe D. Winkle, Acting Regional Administrator, Region VI of the Environmental Protection Agency; Environmental Protection Agency, Carol M. Browner, Administrator, Defendants-Appellees, Stone Southwest Corporation, a Delaware Corporation, Intervenor.

United States Court of Appeals, Tenth Circuit.

June 20, 1995.

Attorney(s) appearing for the Case

Todd S. Welch (William Perry Pendley with him on the briefs), Mountain States Legal Foundation, Denver, CO, for plaintiff-appellant.

John A. Bryson (Robert L. Klarquist and Joshua M. Levin, Dept. of Justice, Washington, DC, Lois J. Schiffer, Asst. Atty. Gen., John J. Kelly, U.S. Atty., and Raymond Hamilton, Asst. U.S. Atty., Albuquerque, NM, Stephen J. Sweeney, U.S. E.P.A., Washington, DC, with him on the brief), Dept. of Justice, Washington, DC, for defendants-appellees.

Before SEYMOUR, Chief Judge, and MOORE and EBEL, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

The sole question presented by this appeal is whether a compliance order issued by the Environmental Protection Agency (EPA) under the Clean Water Act (CWA) is subject to judicial review. Following the lead of our sister circuits which have already considered this issue, we conclude the CWA provides no basis for such a proceeding, despite strong due process arguments advanced by the appellant. We therefore affirm the judgment of the district...

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