Aminoil U. S. A., Inc. v. California State Water Resources Control Board

WALLACE, Circuit Judge:

This case presents a troublesome jurisdictional issue arising in the wake of our decision in Shell Oil Co. v. Train, 585 F.2d 408 (9th Cir. 1978) (Shell). Aminoil U.S.A., Inc. (Aminoil) appeals from the district court’s order dismissing its action against Gorsuch, Administrator of the Environmental Pro*1229tection Agency (EPA or the Administrator), for lack of jurisdiction. The suit was originally filed in California state court for review of an order of the California State Water Resources Control Board (State Board). When Aminoil joined the Administrator as a real party in…