Legal Environmental Assistance Foundation, Inc. v. Pegues
Opinion of the Court
Contending that the director of a state environmental agency was not properly interpreting the Federal Water Pollution Control Act,
I
The Federal Water Pollution Control Act (FWPCA), as amended, creates a comprehensive program for the restoration and maintenance of the nation’s water resources.
Alabama has adopted an NPDES system, administered by the Alabama Department of Environmental Management (ADEM),
In response to an order to show cause why LEAF’s suit should not be dismissed for lack of subject matter jurisdiction, LEAF pleaded that it had a cause of action implied from the Supremacy Clause of the United States Constitution
II
Whether a court has the power to decide a lawsuit is a question of jurisdiction. Whether the complaint states a claim for which relief may be granted is a question of the merits of the suit.
All parties now concede, correctly, that the district court did indeed have jurisdiction of LEAF’s complaint, and that the sole question for review is whether the judgment should be affirmed on the basis that the complaint failed to state a claim for which relief might be granted.
As the Supreme Court stated in Bush v. Lucas,
The FWPCA provides a variety of means for interested citizens to bring lawsuits to enforce the provisions of the statute. Section 1365(a) of the statute provides that, subject to certain conditions:
any citizen may commence a civil action on his own behalf—
(1) against any person ... who is alleged to be in violation of (A) an effluent standard or limitation under this chapter or (B) an order issued by the Administrator or a State with respect to such a standard or limitation, or
(2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary with the Administrator.16
In addition, § 1369(b) provides for direct review in a circuit court of appeals of specific administrative actions under the statute.
In neither its original nor its amended complaint, nor in its brief to this court,
Seeking to sidestep the holding of Sea Clammers, LEAF claims that a constitutional cause of action should be implied directly from the Supremacy Clause, under the test for constitutional remedies adopted in Davis v. Passman
Ex Parte Young
A leading treatise has concluded that “[t]he best explanation of Ex Parte Young and its progeny is that the Supremacy Clause creates an implied right of action for injunctive relief against state officials who are threatening to violate the federal Constitution or laws.”
These expressions, however, do no more than indicate that the Supremacy Clause provides federal jurisdiction
The Supremacy Clause does not secure rights to individuals; it states a fundamental structural principle of federalism. While that clause is the reason why a*644 state law that conflicts with a federal statute is invalid, it is the federal statute that confers whatever rights the individual is seeking to vindicate.34
Both LEAF and the state agree that the proposed permits comply with the federal statute and regulations as they have been interpreted by the EPA. LEAF’S complaint, properly understood, is that a cause of action should be implied to review the Administrator’s erroneous interpretation of federal law in a proceeding against the state agency.
LEAF’S real dispute, therefore, is not with the state, but with the Administrator. To imply from the Supremacy Clause a cause of action against a state official for review of the Administrator’s interpretation of the federal statute or, as here, to dispute the Administrator’s interpretation of the regulations the Agency has promulgated, would be to bootstrap a statutory claim that should be asserted against the Administrator into a constitutional issue. Applying Young in these circumstances would ignore the important distinction between remedies implied to redress constitutional violations and remedies, whether implied or express, for violations of statutory rights. .
When the federal right in question is derived from the Constitution, it is obviously for the courts to determine both the scope of the right and the adequacy of the remedy, whether the remedy is a matter of constitutional common law
Statutory rights and obligations are established by Congress, and it is entirely appropriate for Congress, in creating these rights and obligations, to determine in addition, who may enforce them and in what manner. ... In each case, however, the question is the nature of the legislative intent informing a specific statute, and Cort set out the criteria through which this intent could be discerned.38
The FWPCA precisely defines the means of redress for its violation and for challenging the Administrator’s actions. LEAF does not assert that we should imply more from the statute, and we find no basis for implying any other cause of action.
. Codified as amended at 33 U.S.C. §§ 1251— 1367 (1982 & Supp. V 1987).
. See 33 U.S.C. § 1251 (1982).
. Id. § 1342.
. See id. § 1342(c).
. See Ala.Code § 22-22A-1 et seq. (1989).
. See 33 U.S.C. § 1370 (1982), 40 C.F.R. § 435.32 (1988).
. U.S. Const., Art. VI, cl. 2.
. LEAF v. Pegues, 717 F.Supp. 784 (M.D.Ala. 1989).
. 717 F.Supp. at 788-90 (quoting Cort v. Ash, 422 U.S. 66, 78, 95 S.Ct. 2080, 2088, 45 L.Ed.2d 26 (1975)).
. See Montana-Dakota Utilities Co. v. Northwestern Public Serv., 341 U.S. 246, 249, 71 S.Ct. 692, 694, 95 L.Ed. 912 (1951).
. See 28 U.S.C. § 1331 (1988).
. See Fed.R.Civ.P. 12(b)(6).
. 462 U.S. 367, 103 S.Ct. 2404, 76 L.Ed.2d 648 (1983).
. Id. at 374, 103 S.Ct. at 2409.
. Id. at 381-90, 103 S.Ct. at 2415-17.
. 33 U.S.C. § 1365(a) (1982).
. 33 U.S.C. § 1369(b) (1982).
. 453 U.S. 1, 101 S.Ct. 2615, 69 L.Ed.2d 435 (1981).
. Id. at 13, 101 S.Ct. at 2623.
. Id. at 18, 101 S.Ct. at 2625.
. 442 U.S. 228, 245-48, 99 S.Ct. 2264, 2277-79, 60 L.Ed.2d 846 (1979).
. 446 U.S. 14, 18-23, 100 S.Ct. 1468, 1471-74, 64 L.Ed.2d 15 (1980).
. 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908).
. E.g., Shaw v. Delta Air Lines, 463 U.S. 85, 96 n. 14, 103 S.Ct. 2890, 2899 n. 14, 77 L.Ed.2d 490 (1983).
. First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, 482 U.S. 304, 316 & n. 9, 107 S.Ct. 2378, 2386 & n. 9, 96 L.Ed.2d 250 (1987).
. Shaw v. Delta Air Lines, 463 U.S. 85, 103 S.Ct. 2890, 77 L.Ed.2d 490 (1983). Cf. Franchise Tax Board v. Construction Laborers Vacation Trust, 463 U.S. 1, 103 S.Ct. 2841, 77 L.Ed.2d 420 (1983) (no federal cause of action for parties seeking an adjudication that state law is not pre-empted by federal law).
. 13B C. Wright, A. Miller & E. Cooper, Fed. Prac. & Proc. § 3566 at 102 (2d ed. 1984).
. 463 U.S. 85, 103 S.Ct. 2890, 77 L.Ed.2d 490 (1983).
. 463 U.S. 1, 103 S.Ct. 2841, 77 L.Ed.2d 420 (1983).
. 463 U.S. at 96 n. 14, 103 S.Ct. at 2899 n. 14; 463 U.S. at 20 n. 20, 103 S.Ct. at 2851 n. 20.
. See 28 U.S.C. § 1331 (1988).
. 469 U.S. 256, 259 n. 6, 105 S.Ct. 695, 697 n. 6, 83 L.Ed.2d 635 (1985).
. 525 F.2d 113 (2d Cir. 1975).
. Id. at 119; see also Chapman v. Houston Welfare Rights Org., 441 U.S. 600, 612 n. 29, 99 S.Ct. 1905, 1913 n. 29, 60 L.Ed.2d 508 (1979); Swift & Co. v. Wickham, 382 U.S. 111, 126-27, 86 S.Ct. 258, 266-67, 15 L.Ed.2d 194 (1965) (mere allegation of a conflict between state and federal statutes does not raise a substantive constitutional issue requiring a three-judge district court).
. See Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971).
. See Schweiker v. Chilicky, 487 U.S. 412, 108 S.Ct. 2460, 101 L.Ed.2d 370 (1988); Chappell v. Wallace, 462 U.S. 296, 103 S.Ct. 2362, 76 L.Ed.2d 586 (1983); Bush v. Lucas, 462 U.S. 367, 103 S.Ct. 2404, 76 L.Ed.2d 648 (1983).
. 442 U.S. 228, 99 S.Ct. 2264, 60 L.Ed.2d 846 (1979).
. Id. at 241, 99 S.Ct. at 2275 (citing Cort v. Ash, 422 U.S. 66, 95 S.Ct. 2080, 45 L.Ed.2d 26 (1975)); see also Cannon v. University of Chicago, 441 U.S. 677, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979).
. Sea Clammers, 453 U.S. at 18, 101 S.Ct. at 2625; see Bush v. Lucas, 462 U.S. 367, 388, 103 S.Ct. 2404, 2416-17, 76 L.Ed.2d 648 (1983).
Reference
- Full Case Name
- LEGAL ENVIRONMENTAL ASSISTANCE FOUNDATION, INC. v. Leigh PEGUES, in his official capacity as Director of the Alabama Department of Environmental Management
- Cited By
- 3 cases
- Status
- Published