40 C.F.R. § 123.30

Judicial review of approval or denial of permits

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All States that administer or seek to administer a program under this part shall provide an opportunity for judicial review in State Court of the final approval or denial of permits by the State that is sufficient to provide for, encourage, and assist public participation in the permitting process. A State will meet this standard if State law allows an opportunity for judicial review that is the same as that available to obtain judicial review in federal court of a federally-issued NPDES permit (see § 509 of the Clean Water Act). A State will not meet this standard if it narrowly restricts the class of persons who may challenge the approval or denial of permits (for example, if only the permittee can obtain judicial review, if persons must demonstrate injury to a pecuniary interest in order to obtain judicial review, or if persons must have a property interest in close proximity to a discharge or surface waters in order to obtain judicial review.) This requirement does not apply to Indian Tribes.

[61 FR 20980, May 8, 1996]

Notes of Decisions

Cited in 15 cases (4 in the last 5 years), 2000–2025 · leading case: Akiak Native Cmty. v. United States Env't Prot. Agency, 625 F.3d 1162 (9th Cir. 2010).

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Akiak Native Cmty. v. United States Env't Prot. Agency, 625 F.3d 1162 (9th Cir. 2010). · cites it 10× “) 40 C.F.R. § 123.30 . [2] Akiak and the EPA disagree over the meaning of this regulation.”

Philip Morris USA v. Chesaoeaje Bay, 643 S.E.2d 219 (Va. 2007). · cites it 2× “40 C.F.R. § 123.30 (emphasis added). Code § 62.”

All. v. Com., Dept. of Environ. Quality, 621 S.E.2d 78 (Va. 2005). “§ 1369 (b)(1)(F) (2000); 40 C.F.R. § 123.30 (2005). Therefore, we hold that Code § 62.”

Families Against Corp. Takeover v. Mitchell, 1 P.3d 884 (Kan. 2000). · cites it 4× “Effective June 7, 1996, 40 C.F.R. § 123.30 directed states administering the NPDES program to provide citizens an opportunity for judicial review of approval or denial of NPDES permits.”

Food & Water Watch v. United States Env't Prot. Agency, 5 F. Supp. 3d 62 (D.D.C. 2013). “See 40 C.F.R. § 123.30 . In addition, the citizen-suit provision of the CWA allows "any citizen" to "commence a civil action on his own behalf against any person [including the United States and other government agency] .”

Psa v. Port of Tacoma, 104 F.4th 95 (9th Cir. 2024). “Indeed, parties seeking review of state decisions about permits are guaranteed judicial review in state courts “that is the same as that available to obtain judicial review in federal court of a federally-issued NPDES permit.”

Pennsylvania Mun. Authorities Ass'n v. Horinko, 292 F. Supp. 2d 95 (D.D.C. 2003). “” 40 C.F.R § 123.30. See Potter v. ASARCO Inc.”

Rose Acre Farms, Inc. v. North Carolina Dep't of Env't & Nat. Resources, 131 F. Supp. 3d 496 (E.D.N.C. 2015). “”); 40 C.F.R. § 123.30 (“All States that administer or seek to administer a program under this part shall provide an opportunity for judicial review in State Court of the final approval or denial of permits by the State____”).”

S. Cal. All. of Publicly Owned Treatment Works v. U.S. Envtl. Prot. Agency, 297 F. Supp. 3d 1060 (E.D. Cal. 2018). “40 C.F.R. § 123.30 (judicial review of permits issued by the state is limited to state court); Cal.”

Clean Water Action Council v. Wisconsin Dep't of Nat. Resources, 2014 WI App 61 (Wis. Ct. App. 2014). · cites it 2× “63 actually runs afoul of 40 C.F.R. § 123.30 by narrowly restricting the class of persons who may obtain review of WPDES permitting decisions.”

Riverkeeper, Inc. v. United States Env't Prot. Agency, 358 F.3d 174 (2d Cir. 2004). “§ 1369 (b)(1)(F) (providing for judicial review of EPA permit decisions); 40 C.F.R. § 123.30 (requiring states to provide for judicial review of their permit decisions).”

Texas Comm'n on Env't Quality & Max Midstream, LLC v. San Antonio Bay Estuarine Waterkeeper, Texas Campaign for the Env't, & S. Diane Wilson (Tex. App. 2025). · cites it 2× “In light of addition, 40 CFR §123.30 also provides that the opportunity for this statement and recent State court holdings on the role of the judicial review is sufficient if it allows the same opportunity for ju- 40 TexReg 9654 December 25, 2015 Texas Register dicial review of…”

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