General Motors Corp. v. Environmental Protection Agency

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Texas issued a delayed compliance order temporarily authorizing General Motors to exceed relevant air pollution limits imposed by Texas state standards promulgated pursuant to the federal Clean Air Act, 42 U.S. C. §§ 7401 et seq. Several months after the delay order had expired by its own terms, the federal Environmental Protection Agency disapproved the order. General Motors appeals the disapproval. We find that under 42 U.S.C. § 7413(d)(2), the EPA has no authority to disapprove an expired delayed compliance order. We therefore hold that the EPA's…