National Wildlife Federation v. Browner

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

The National Wildlife Federation and various pulp, paper, and paperboard companies petitioned for review of the Environmental Protection Agency’s new effluent guidelines for paper mills. At this stage of the proceedings, we consider Industry petitioners’ motion to dismiss NWF’s petition for lack of subject matter jurisdiction. This is a simple issue. Because the statutory provision Industry petitioners invoke is not jurisdictional, we deny their motion.

I

In April of 1998, EPA promulgated regulations, known as the “Cluster…