Legal Opinion

New York v. United States Environmental Protection Agency

Court of Appeals for the Seventh Circuit

Decided August 19, 1983No. Nos. 80-2808, 82-1418PublishedCited by 3 opinions

1Opinion of the Court

BAUER, Circuit Judge.

In this appeal the State of New York challenges the Environmental Protection Agency’s (EPA) approval of a revision to Illinois’ State Implementation Plan (SIP), which permits the Kincaid Power Station in Christian County to increase its sulfur dioxide emissions.1 New York alleges that the EPA action was arbitrary and capricious because the emission relaxation violates numerous provisions of Section 110 of the Clean Air Act, 42 U.S.C. § 7410. We disagree. We find that the EPA complied with all Section 110 requirements and, thus, uphold EPA approval.

Under the Clean Air Act,…

2Cases cited3 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1983
  3. State of New York v. Administrator, United States Environmental Protection Agency, Tennessee Valley Authority, IntervenorCourt of Appeals for the Sixth Circuit · 1983

3Cited by3 opinions

  1. Southwestern Pennsylvania Growth Alliance v. BrownerCourt of Appeals for the Sixth Circuit · 1998
  2. State of New York v. United States Environmental Protection AgencyCourt of Appeals for the Seventh Circuit · 1983
  3. Southwestern Pennsylvania Growth Alliance v. Carol M. BrownerCourt of Appeals for the Sixth Circuit · 1998

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