40 C.F.R. § 81.400

Scope

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Subpart D, §§ 81.401 through 81.437, lists those mandatory Federal Class I areas, established under the Clean Air Act Amendments of 1977, where the Administrator, in consultation with the Secretary of the Interior, has determined visibility to be an important value. The following listing of areas where visibility is an important value represents an evaluation of all international parks (IP), national wilderness areas (Wild) exceeding 5,000 acres, national memorial parks (NMP) exceeding 5,000 acres, and national parks (NP) exceeding 6,000 acres, in existence on August 7, 1977. Consultation by EPA with the Federal Land Managers involved: The Department of Interior (USDI), National Park Service (NPS), and Fish and Wildlife Service (FWS); and the Department of Agriculture (USDA), Forest Service (FS).

Notes of Decisions

Cited in 4 cases, 2009–2017 · leading case: National Parks Conservation Ass'n v. U.S. Environmental Protection Agency

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National Parks Conservation Ass'n v. U.S. Environmental Protection Agency (2015) ca9 · cites it 2× “See 40 C.F.R. §§ 81.400 , 81.417. 8 NAT’L PARKS CONSERVATION ASS’N V.”

Michigan v. United States Environmental Protection Agency (2009) ca7 “40 C.F.R. §§ 81.400 et seq. For the Community Class I area, the Manager appears to be the EPA itself, as it currently administers the regulations at 40 C.”

Arizona Ex Rel. Darwin v. U.S. Environmental Protection Agency (2017) ca9 “§ 7491 (a)(1); see also 40 C.F.R. § 81.400 et seq. (listing all national parks, national monuments, and wilderness areas Congress sought to protect).”

State of Michigan v. Environmental Protection Agenc (2009) ca7 “40 C.F.R. §§ 81.400 et seq. For the Community Class I area, the Manager appears to be the EPA itself, as it currently administers the regulations at 14 No.”

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