Gulf Restoration Network, Inc., et al. v. Administrator, EPA, No. 12-12119 (11th Cir. 2013)

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Justia Opinion Summary

This appeal concerned the district court's summary judgment order validating a majority of the water nutrient standards established by the EPA's rule and setting a deadline for the EPA to publish new rules, or explain its reasons for not doings so, pursuant to the terms of an existing consent decree. The court concluded that it lacked jurisdiction to review the order because it was not a final judgment under Rule 54(b); the collateral order doctrine did not apply; and the order was not an immediately appealable injunction under 28 U.S.C. 1292(a)(1). Accordingly, the court granted the EPA's motion to dismiss and dismissed this appeal with prejudice for lack of appellate jurisdiction.

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