United States First Circuit

Dismissal for lack of subject matter jurisdiction of a suit against EPA for refusing to grant a formal evidentiary hearing is affirmed where there was no clear and unambiguous congressional intent behind the words "public hearing" in the clear water act, thus the court must defer to the EPA's reasonable interpretation of the statutory language.

Appellate Information

• Decided 03/30/2006
• Published 03/30/2006

Judges

• SELYA, Circuit Judge., Before SELYA, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John M. Stevens, with whom Wendy B. Jacobs, Elisabeth M. DeLisle, and Foley Hoag LLP were on brief, for appellant.


• For Appellees:
  
• Kristen L. Gustafson, Attorney, Environment and Natural Resources Division, United States Department of Justice, with whom Matthew J. McKeown, Deputy Assistant Attorney General, Greer Goldman and John Bryson, Attorneys, were on brief, for appellees.