Jump to Navigation
Jump to Content

Pan Am. Grain Mfg. Co. v. EPA

ELR Citation: 27 ELR 20184
Nos. 95-1780, 95 F.3d 101/(1st Cir., 09/06/1996)

The court upholds the U.S. Environmental Protection Agency's (EPA's) approval of a revised state implementation plan (SIP) for Guaynabo, Puerto Rico, and its designation of the area as nonattainment for particulate matter with an aerodynamic diameter of no greater than a nominal 10 micrometers, known as PM10. The court first holds that the nonattainment designation became final for purposes of judicial review when EPA published it in the Federal Register, not when EPA approved the SIP years later. Clean Air Act §307's requirement that challenges to final EPA actions be brought within 60 days therefore bars petitioner's challenge to the designation, because petitioner did bring its challenge until three-and-one-half years after EPA published the designation. The court next holds that EPA's approval of a revised SIP that bans the use of clamshell devices in grain removal operations was not arbitrary or capricious. EPA presented reasoned explanations for approving the revised SIP notwithstanding petitioner's objections.

Counsel for Petitioner
Romano A. Zampierollo-Rheinfeldt
Vick Center
867 Munoz Rivera Ave., C-301, Hato Rey PR 00925
(787) 763-0218

Counsel for Respondent
Banumathi Rangarajan
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before CYR, Circuit Judge, COFFIN and BOWNES, Senior Circuit Judges.