Legal Environmental Assistance Foundation, Inc. v. Pegues

ALVIN B. RUBIN, Senior Circuit Judge:

Contending that the director of a state environmental agency was not properly interpreting the Federal Water Pollution Control Act,1 an environmental-protection group brought suit for declaratory and in-junctive relief against the director, invoking the Supremacy Clause of the federal Constitution as the sole basis for jurisdiction. We affirm the district court’s dismissal of the case, holding that, while the district court had jurisdiction, the Supremacy Clause does not grant an implied cause of action for the relief sought, and therefore, the complaint…