Natural Resources Defense Council, Inc. v. Environmental Protection Agency

In our earlier opinion rendered in this case, Natural Resources Defense Council, Inc. v. Environmental Protection Agency, 5 Cir. 1974, 489 F.2d 390, we held, inter alia: “It was inconsistent with [the Clean Air Act Amendments of 1970, 42 U.S.C. §§ 1857 — 58a] for Georgia to adopt its own variance procedures, and that the Administrator exceeded his authority in approving [Ga.Code Ann. § 88-912].” Accordingly, in that opinion we directed the Administrator to publish forthwith his disapproval of Ga.Code Ann. § 88-912. 489 F.2d at 403.

On certiorari, the United States Supreme Court reversed this…