Legal Opinion

Star Enterprise Texaco Inc. v. United States Environmental Protection Agency

Court of Appeals for the Third Circuit

Decided December 7, 2000No. 98-6321PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

ROTH, Circuit Judge.

The United States Environmental Protection Agency (EPA) determined that the “Standards of Performance for Petroleum Refineries,” promulgated under the Clean Air Act and codified at 40 C.F.R. §§ 60.100-60.109 (1999) (Subpart J), applied to two stationary gas turbines located in an electrical power plant complex in Delaware City, Delaware. The petitioners challenge this determination. Because we conclude that the stationary gas turbines at issue in this case are not “in” a “petroleum refinery,” we hold that these turbines are not “affected facilities” as…

2Cases cited18 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  4. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  5. Bennett v. SpearSupreme Court of the United States · 1997

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3Cited by8 opinions

  1. Ocean County Landfill Corp. v. United States Environmental Protection AgencyCourt of Appeals for the Third Circuit · 2011
  2. TSG Inc. v. United States Environmental Protection AgencyCourt of Appeals for the Third Circuit · 2008
  3. Animal Legal Defense Fund v. VenemanCourt of Appeals for the Ninth Circuit · 2006
  4. Animal Legal Defense Fund v. VenemanCourt of Appeals for the Ninth Circuit · 2006
  5. Philadelphia Housing Authority v. United States Dept. of Housing & Urban DevelopmentDistrict Court, E.D. Pennsylvania · 2008

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