42 U.S.C. § 7431
Land use authority
Nothing in this chapter constitutes an infringement on the existing authority of counties and cities to plan or control land use, and nothing in this chapter provides or transfers authority over such land use.
Notes of Decisions
Cited in 3
cases, 2008–2015 · leading case: Myersville Citizens for a Rural Community, Inc. v. Federal Energy Regulatory Commission
Myersville Citizens for a Rural Community, Inc. v. Federal Energy Regulatory Commission (2015)
“But the provision on which they rely, 42 U.S.C. § 7431 , states only that “[n]othing in [the Clean Air Act] constitutes an infringement on the existing authority of counties and cities to plan or control land use.”
Sierra Club v. Johnson (2008)
“See 42 U.S.C. § 7431 (a)(1). For these reasons, we find reasonable the EPA’s position that a violation notice “is simply one early step in the EPA’s process of determining whether a violation has, in fact, occurred.”
Guardians v. Agency (2013)
“(citing 42 U.S.C. § 7431 (a)(1)). Accordingly, an NOV “reflects the agency’s first, not-its last, word on the subject,” marking “only the beginning of a process designed to test the accuracy of the agency’s initial conclusions.”
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