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U.S. Steel Corp. v. EPA

Citation: 9 ELR 20597
No. Nos. 78-1922, -1927, 598 F.2d 915/13 ERC 1383/(5th Cir., 07/09/1979) Petition for clarification granted

The Fifth Circuit grants a petition by the Environmental Protection Agency for a clarification of a decision rendered in the case on May 3, 1979, 9 ELR 20311, in which the court invalidated the Agency's designation of non-attainment areas in Alabama pursuant to § 107(d) of the Clean Air Act. The court emphasizes that the previous opinion did not concern the validity of the Agency's Emissions Offset Policy; therefore, this policy may continue to be applied on a case-by-case basis to new sources as long as it is not applied on the basis of the non-attainment designations invalidated earlier.

Counsel are listed at 9 ELR 20311.

Before GODBOLD, Circuit Judge, SKELTON,* Senior Judge, and RUBIN, Circuit Judge.