B.J. Carney Industries Inc. v. United States Environmental Protection Agency

Opinion by Judge O’SCANNLAIN; Dissent by Judge CANBY.

O’SCANNLAIN, Circuit Judge:

We must decide whether the time to file an appeal of a class II civil penalty assessment under the Clean Water Act runs from the issuance of an Administrative *918Law Judge’s civil penalty order, or from the date that such an order becomes final.

I

B.J. Carney Industries, Inc. (“Carney”) operated a wood pole treating facility from 1982 to 1990, water from which eventually flowed into the city of Sandpoint, Idaho’s publicly owned treatment works (“POTW”). Pursuant to its National Pollutant Discharge Elimination System…