Legal Opinion

Public Citizen, Inc. v. United States Environmental Protection Agency

Court of Appeals for the Fifth Circuit

Decided August 15, 2003No. 02-60069PublishedCited by 30 opinions

1Opinion of the Court

RHESA HAWKINS BARKSDALE, Circuit Judge:

Primarily at issue is whether, pursuant to Title V of the Clean Air Act, 42 U.S.C. §§ 7661-7661Í, the Environmental Protection Agency (EPA) had authority to grant full approval to Texas’ operating permit program, notwithstanding program deficiencies; and if so, whether it nonetheless was required by that Act to issue notices of deficiency for the claimed shortcomings. The petitions for review are DENIED.

I

A

The Clean Air Act (CAA), 42 U.S.C. §§ 7401-7671q, enacted in 1970 and exten sively amended in 1977 and 1990, is a complex regulatory regime intended…

2Cases cited8 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. Mead Corp.Supreme Court of the United States · 2001
  3. Heckler v. ChaneySupreme Court of the United States · 1985
  4. Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994
  5. Texas Oil & Gas Ass'n v. United States Environmental Protection AgencyCourt of Appeals for the Fifth Circuit · 1998

3 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Medina County Environmental Action Ass'n v. Surface Transportation BoardCourt of Appeals for the Fifth Circuit · 2010
  2. United States v. WaltersCourt of Appeals for the Fifth Circuit · 2003
  3. Alyeska Pipeline Service Co. v. State, Department of Environmental ConservationAlaska Supreme Court · 2006
  4. Gulf Restoration Network v. Gina McCarthyCourt of Appeals for the Fifth Circuit · 2015
  5. Chamber of Com of the USA v. SECCourt of Appeals for the Fifth Circuit · 2023

25 more not listed; retrieve them via the Exa API.

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