Notwithstanding any other provision of this chapter, the Administrator, upon receipt of evidence that a pollution source or combination of sources (including moving sources) is presenting an imminent and substantial endangerment to public health or welfare, or the environment, may bring suit on behalf of the United States in the appropriate United States district court to immediately restrain any person causing or contributing to the alleged pollution to stop the emission of air pollutants causing or contributing to such pollution or to take such other action as may be necessary. If it is not practicable to assure prompt protection of public health or welfare or the environment by commencement of such a civil action, the Administrator may issue such orders as may be necessary to protect public health or welfare or the environment. Prior to taking any action under this section, the Administrator shall consult with appropriate State and local authorities and attempt to confirm the accuracy of the information on which the action proposed to be taken is based. Any order issued by the Administrator under this section shall be effective upon issuance and shall remain in effect for a period of not more than 60 days, unless the Administrator brings an action pursuant to the first sentence of this section before the expiration of that period. Whenever the Administrator brings such an action within the 60-day period, such order shall remain in effect for an additional 14 days or for such longer period as may be authorized by the court in which such action is brought.
Notes of Decisions
Tennessee Valley Auth. v. Whitman, 336 F.3d 1236 (11th Cir. 2003).
· cites it 2× “§ 760S Perhaps most telling is 42 U.S.C. § 7603 , which gives the EPA special “emergency powers.”
United States v. Ne. Pharm. & Chem. Co., 579 F. Supp. 823 (W.D. Mo. 1984).
“IV 1980); Section 303 of the Clean Air Act, 42 U.S.C. § 7603 (Supp. IV 1980); and Section 106(a) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.”
United States v. Reilly Tar & Chem. Corp., 546 F. Supp. 1100 (D. Minnesota 1982).
“IV 1980); Section 303 of the Clean Air Act, 42 U.S.C. § 7603 (Supp. IV 1980); Section 106(a) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.”
United States v. Ottati & Goss, Inc., 630 F. Supp. 1361 (D.N.H. 1985).
“2d 394 (1976) the court in construing a provision of the Clean Air Act, 42 U.S.C. § 7603 et seq., stated that [t]he meaning of ‘endanger’ is not disputed.”
United States v. Waste Indus., 556 F. Supp. 1301 (E.D.N.C. 1982).
“§ 1364 (the Clean Water Act); 42 U.S.C.A. § 7603 (the Clean Air *1311 Act), to provide other express means in which to deal with emergencies.”
United States v. Eme Homer City Generation L.P., 823 F. Supp. 2d 274 (W.D. Pa. 2011).
“§ 7426 ; (5) assert emergency authority, 42 U.S.C. § 7603 ; and (6) address the alleged harms via the recently promulgated Cross State Air Pollution Rule.”
Port Hamilton Refining & Transp. LLLP v. EPA, 75 F.4th 166 (3rd Cir. 2023).
“Two days later, the agency issued an emergency order under Section 303 of the CAA, 42 U.S.C. § 7603 , requiring Limetree to immediately cease all operations at the Refinery.”
Port Hamilton Refining & Transp. LLLP v. EPA (3rd Cir. 2023).
“Two days later, the agency issued an emergency order under Section 303 of the CAA, 42 U.S.C. § 7603 , requiring Limetree to immediately cease all operations at the Refinery.”
Boynes (D.V.I. 2026).
“Parallel Proceedings On May 14, 2021, the United States Environmental Protection Agency (“EPA”) issued a “Clean Air Act Emergency Order” to Moving Defendants pursuant to Section 303 of the Clean Air Act, codified at 42 U.S.C. § 7603 , which ordered, among other things, that the…”
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