Investigating 40 C.F.R. Sec. 124.55(B): State-Court Review of NPDES Permit Certifications

This Note investigates the wisdom and validity of 40 CER. § 124.55(b), a Clean Water Act regulation promulgated by the U.S. Environmental Protection Agency (EPA) as part of the National Pollution Discharge Elimination System (NPDES) permitting program. The Clean Water Act provides affected states with an opportunity to certify federally administered NDES permits before issuance by EPA. State certification is a meaningful moment in water quality regulation, and judicial review of these critical decisions takes place in state courts. Unfortunately, 40 C.ER. § 124.55(b), designed to bring certainty and finality to permit-holders, effectively removes state courts from the process of ensuring that state certifications are legally sufficient after permit issuance. In doing so, the regulation dismantles an essential tool of the Clean Water Act. It also renders 40 CER. § 124.55(b) invalid. Thus, 40 C.ER. § 124.55(b) should be repealed by EPA or invalidated by the courts, so that environmental organizations can effectively challenge illegal state certifications. While significant legal obstacles-standing, jurisdiction, and statutes of limitations, to name a few-stand in the way of a challenge to the validity to 40 CER. § 124.55(b), there is a good chance that such a challenge could ultimately find success

EARLY JURASSIC TEREBRATULIDE BRACHIOPODS FROM ZEALANDIA

Terebratulides, a minor group in New Zealand and New Caledonian Triassic faunas, become second in prominence only to rhynchonellides in the Jurassic.  In this study, a total of seven genera and twelve species are recognised and eight new species are described. Lobothyris simesi n. sp. is present throughout the Sinemurian to middle Toarcian.  Loboidothyris fordycei n. sp. is common in the late Sinemurian to Pliensbachian of the Hokonui Hills, and a few specimens are recorded from scattered Pliensbachian-Toarcian localities elsewhere. Zeilleria spiculata MacFarlan and Campbell is found in a narrow zone along the Triassic-Jurassic boundary in the Hokonui Hills. Z. terezowae n. sp. is found throughout most of the Early Jurassic, while Z. recessa n. sp. and Z. sacciformis n. sp. have more restricted ranges.  The Sinemurian Aulacothyris stevensi n. sp. is known from the Hokonui Hills, and the coast north of Marokopa. Two further forms of Aulacothyris are present. Linguithyris agerorum Manceñido was described from Port Waikato, and is here recorded from New Caledonia. Tegulithyris? plencnerae n. sp. is known from the Sinemurian to Toarcian of Kawhia, and Rugithyris hasibuani n. sp. from the Awakino area. Lobothyris, Aulacothyris and Zeilleria are cosmopolitan and widely distributed. Loboidothyris is also cosmopolitan, but has a Tethyan aspect. Tegulithyris and Rugithyris are Tethyan. Linguithyris is also known from southern Europe, North Africa and western Asia. The highest Early Jurassic brachiopod faunas occur at or just above the Dactylioceras band near Kawhia, which is correlated with the top of the early Toarcian and lies above the Toarcian event in Western Europe