Cahaba Riverkeeper v. EPA, No. 14-13508 (11th Cir. 2015)

Petitioners filed petitions with the EPA seeking to withdraw Alabama's authorization to administer the National Pollutant Discharge Elimination System (NPDES), as part of the Clean Water Act, 33 U.S.C. 1251 et seq. On appeal, petitioners challenged the EPA's findings on some of the 22 alleged deficiencies that did not warrant the initiation of program withdrawal proceedings. The court dismissed the appeal without prejudice, concluding that it does not have jurisdiction to review the interim report with which petitioners disagreed because EPA has not made a "determination" within the meaning of section 1396(b)(1)(D).