United States First Circuit

Plaintiff's challenge to the EPA's "final administrative determination," which declared ferric ferrocyanide to be a hazardous substance, is dismissed for lack of subject matter jurisdiction under 33 U.S.C. section 1369(b).

Appellate Information

• Decided 05/06/2005
• Published 05/06/2005

Judges

• LYNCH, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA and LYNCH, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Ernest Gellhorn, Garrett Rasmussen, Jeffrey Wertkin, Law Office of Ernest Gellhorn, and Patton Boggs LLP, on brief for petitioner., William L. Pardee, Assistant Attorney General, Environmental Protection Division, and Thomas F. Reilly, Attorney General, Commonwealth of Massachusetts, on brief for intervenor.


• For Appellees:
  
• Laurel A. Bedig, Environmental Defense Section, and Thomas L. Sansonetti, Assistant Attorney General, Environmental and Natural Resources Division, United States Department of Justice, on brief for respondent.