Legal Opinion

Ocean County Landfill Corp. v. United States Environmental Protection Agency

Court of Appeals for the Third Circuit

Decided February 2, 2011No. 09-2937PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

AMBRO, Circuit Judge.

The Environmental Protection Agency (“EPA”) issued a letter opining that facili ties operated by Ocean County Landfill Corporation (“OCLC”) and Manchester Renewal Power Holdings (“MRPC”) were under common control for the purposes of air emissions permitting. In this petition for review, OCLC challenges that determination under subsection 307(b)(1) of the Clean Air Act. See 42 U.S.C. § 7607(b) (providing for judicial review of any “final action” by the EPA). The EPA moved to dismiss for lack of subject matter jurisdiction. We now grant that motion.

I.…

2Cases cited10 opinions

  1. Bennett v. SpearSupreme Court of the United States · 1997
  2. Christensen v. Harris CountySupreme Court of the United States · 2000
  3. Federal Trade Commission v. Standard Oil Co.Supreme Court of the United States · 1980
  4. Hindes v. Federal Deposit Insurance CorporationCourt of Appeals for the Third Circuit · 1998
  5. Fairbanks North Star Borough v. U.S. Army Corps of EngineersCourt of Appeals for the Ninth Circuit · 2008

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3Cited by17 opinions

  1. United States v. MauryCourt of Appeals for the Third Circuit · 2012
  2. City of Philadelphia v. SessionsDistrict Court, E.D. Pennsylvania · 2017
  3. Belle Co. v. United States Army Corps of EngineersCourt of Appeals for the Fifth Circuit · 2014
  4. City of Phila. v. SessionsDistrict Court, E.D. Pennsylvania · 2018
  5. LKQ Corp. v. U.S. Dep't of Homeland Sec. & Sec'y Kirstjen NielsenDistrict Court, D. Delaware · 2019

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