Legal Opinion
West Penn Power Company v. United States Environmental Protection Agency and Lee M. Thomas, Administrator
Court of Appeals for the Third Circuit
Decided January 18, 1989No. 87-3220PublishedCited by 51 opinions
1Opinion of the Court
OPINION OF THE COURT
BECKER, Circuit Judge.
This is a petition for review of the Environmental Protection Agency’s denial of a request to redesignate an area in Western Pennsylvania to “attainment” status under the Clean Air Act. 42 U.S.C. §§ 7401-7642 (1982). Resolution of the petition itself would require us to determine whether petitioner West Penn Power Company’s construction of a tall (307-meter) smokestack in reliance on EPA’s formal approval of a state implementation plan incorporating the construction of such stack can insulate the company from future, more stringent regulations, which…
2Cases cited10 opinions
- Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
- Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
- American Farm Lines v. Black Ball Freight ServiceSupreme Court of the United States · 1970
- Interstate Commerce Commission v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1987
- Truman Outland v. Civil Aeronautics Board, Delta Airlines, Inc., Air Line Pilots Association, International, IntervenorsCourt of Appeals for the D.C. Circuit · 1960
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3Cited by51 opinions
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- Erskine Alleyne v. United States Immigration and Naturalization ServiceCourt of Appeals for the Third Circuit · 1989
- Cerullo v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Council Tree Communications, Inc. v. Federal Communications CommissionCourt of Appeals for the Third Circuit · 2007
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