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Pennsylvania Citizens Coalition v. EPA

Citation: 10 ELR 20283
No. Nos. 79-1057, -1466, 618 F.2d at 997/14 ERC 1545/(3d Cir., 03/26/1980) On reh'g

After denying, 10 ELR 20152, a petition for review of the Environmental Protection Agency's (EPA's) definition of "new source" coal mines in regulations promulgated under § 306 of the Federal Water Pollution Control Act, the Third Circuit Court of Appeals, on a motion for rehearing, grants the petition insofar as it challenges a provision making the new source performance standards effective only as to mines upon which construction commenced after promulgation of the regulations. Concluding that it has jurisdiction over the petition pursuant to § 509 of the Act, the court reads § 306 as providing that the standards apply to all coal mines upon which construction began after the regulations were proposed. Acknowledging that the legislative history is inconclusive and that the language of § 306 is supportive of other readings, the court states that its decision is consistent with the plain meaning of that section and with the underlying congressional purposes of subjecting as many sources as possible to the new source standards and preventing disparate treatment of competing businesses.

Counsel listed at 10 ELR 20152.

Joined by Higginbotham and Sloviter, JJ.