Legal Opinion
City of Waco v. Environmental Protection Agency
Court of Appeals for the Fifth Circuit
Decided June 26, 1980No. 78-1897PublishedCited by 20 opinions
1Opinion of the Court
SEAR, District Judge:
The City of Waco has petitioned for review of the Environmental Protection Agency’s (EPA) designation of McLennan County, Texas 1 as a nonattainment area for photochemical oxidants pursuant to § 107(d) of the Clean Air Act, 42 U.S.C. § 7407(d). 2 Because the EPA failed to comply with the procedural requirements of the Administrative Procedure Act (APA), 5 U.S.C. § 551 et seq., we remand to the agency for further proceedings.
The Clean Air Act amendments of 1970, P.L. 91-604, 84 Stat. 1676, directed the Administrator of the EPA to list all air pollutants which in his…
2Cases cited6 opinions
- County of Los Angeles v. DavisSupreme Court of the United States · 1979
- United States v. Oregon State Medical SocietySupreme Court of the United States · 1952
- United States Steel Corp. v. United States Environmental Protection Agency, Republic Steel Corporation v. Environmental Protection AgencyCourt of Appeals for the Fifth Circuit · 1979
- American Iron and Steel Institute, Armco Steel Corporation, Bethlehem Steel Corporation, Inland Steel Company, Jones & Laughlin Steel Corporation, National Steel Corporation, Republic Steel Corporation, United States Steel Corporation, Wheeling-Pittsburgh Steel Corporation v. Environmental Protection Agency, Sierra Club v. Environmental Protection Agency, and Russell E. Train, Administrator, Youngstown Sheet and Tube Company, Republic Steel Corporation, United States Steel Corporation, Intervenors. Commonwealth of Pennsylvania, Department of Environmental Resources v. Environmental Protection Agency, Youngstown Sheet and Tube Company, Republic Steel Corporation, United States Steel Corporation, Intervenors. Allegheny Ludlum Industries, Inc., Atlantic Steel Company, the Babcock& Wilcox Company, Continental Copper & Steel Industries, Inc., Crucible Inc., Cyclops Corporation, Detroit Steel, Interlake, Inc., Lone Star Steel Company, Shanango Incorporated, Sharon Steel Corporation, the Timken Company v. Environmental Protection Agency, Youngstown Sheet and Tube Company v. Environmental Protection Agency and Russell E. Train, Administrator, Cf & I Steel Corporation v. Environmental Protection AgencyCourt of Appeals for the Third Circuit · 1977
- Shell Oil Co. v. Federal Energy AdministrationTemporary Emergency Court of Appeals · 1975
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Sheely v. MRI Radiology Network, P.A.Court of Appeals for the Eleventh Circuit · 2007
- Natural Resources Defense Council, Inc. v. United States Nuclear Regulatory Commission, and the United States of America, (Two Cases)Court of Appeals for the D.C. Circuit · 1982
- Hardwick v. BowersCourt of Appeals for the Eleventh Circuit · 1985
- Rufus O. Hall v. Board of School Commissioners of Conecuh CountyCourt of Appeals for the Fifth Circuit · 1981
- Mast Industries, Inc. v. ReganUnited States Court of International Trade · 1984
15 more not listed; retrieve them via the Exa API.