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U.S. Court of Appeals, Case No. 10-60891

Opinion in the Pollution Control Project Standard Permit Case, March 26, 2012.

"The U.S. Court of Appeals for the Fifth Circuit has issued its opinion in the Pollution Control Project (PCP) Standard Permit case. The Court vacated EPA's unlawful disapproval of Texas's PCP Standard Permit and ordered EPA to reconsider the matter 'most expeditiously'." Perhaps most significant, the Court clarifies EPA's role with respect to its review of state implementation plan (SIP) submissions: "With regard to implementation, the Act confines EPA to the ministerial function of reviewing SIPs for consistency with the Act's requirements." (p. 2-3) The Court further states that "EPA does not possess any 'discretionary authority' in that process. Only the states enjoy discretion in implementing the dictates of the CAA. (p. 14 n.9)."

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