Larry Askins v. Ohio Department of Agriculture

OPINION

COLE, Chief Judge.

Plaintiffs-Appellants' Larry and Vickie Askins filed a citizen suit alleging that Defendants-Appellees U.S. Environmental Protection Agency (“U.S. EPA”), Ohio Environmental Protection Agency (“Ohio EPA”), and Ohio Department of 'Agriculture (“ODA”) (collectively, “Defendants”) violated the Clean Water Act’s agency permitting procedures. The district court held that the Clean Water Act does not permit suits against regulators for regulatory functions and dismissed for lack of subject-matter jurisdiction. We affirm.

I. BACKGROUND

The U.S. EPA, Ohio EPA, and ODA work…