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United States v. General Motors Corp.

Citation: 19 ELR 20628
No. Nos. 4-87-580-E, -583-E, 702 F. Supp. 133/28 ERC 1844/(N.D. Tex., 12/19/1988)

The court holds that the Environmental Protection Agency (EPA) may not bring a Clean Air Act enforcement action against a company in compliance with an alternate method of control (AMOC) approved by the Texas Air Board. The AMOC is not a state implementation plan (SIP) revision requiring EPA's approval, since the Texas SIP clearly authorizes the Air Board to issue AMOCs without prior approval, and the AMOC in question in this case will not result in increased emissions that will violate national air standards. The United States should defer to a state's interpretation of the terms of its SIP when its interpretation is consistent with the Clean Air Act. If EPA believes that the state's authority to issue AMOCs undermines compliance with air quality standards, the agency may seek a revision of the SIP.

Counsel for Plaintiff
Linda C. Anderson, Daniel S. Goodman
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 633-2000

Wayne Hughes, Ass't U.S. Attorney
310 U.S. Courthouse, 10th & Lamar Sts., Fort Worth TX 76102
(817) 334-3291

Counsel for Defendant
Brett A. Ringle, Robert T. Stewart
Jones, Day, Reavis & Pogue
2300 Trammell Crow Center, 2001 Ross Ave., P.O. Box 660623, Dallas TX 75266-0623
(214) 220-3939