U.S. Code » Title 42 » Chapter CHAPTER 85— AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER III— GENERAL PROVISIONS

42 U.S.C. § 7609

Policy review

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(a) Environmental impact

The Administrator shall review and comment in writing on the environmental impact of any matter relating to duties and responsibilities granted pursuant to this chapter or other provisions of the authority of the Administrator, contained in any (1) legislation proposed by any Federal department or agency, (2) newly authorized Federal projects for construction and any major Federal agency action (other than a project for construction) to which section 4332(2)(C) of this title applies, and (3) proposed regulations published by any department or agency of the Federal Government. Such written comment shall be made public at the conclusion of any such review.

(b) Unsatisfactory legislation, action, or regulation

In the event the Administrator determines that any such legislation, action, or regulation is unsatisfactory from the standpoint of public health or welfare or environmental quality, he shall publish his determination and the matter shall be referred to the Council on Environmental Quality.

(July 14, 1955, ch. 360, title III, § 309, as added Pub. L. 91–604, § 12(a), Dec. 31, 1970, 84 Stat. 1709.)Editorial NotesCodification

Section was formerly classified to section 1857h–7 of this title.

Prior Provisions

A prior section 309 of act July 14, 1955, ch. 360, title III, formerly § 13, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 401; renumbered § 306, Oct. 20, 1965, Pub. L. 89–272, title I, § 101(4), 79 Stat. 992; renumbered § 309, Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 506; renumbered § 316, Dec. 31, 1970, Pub. L. 91–604, § 12(a), 84 Stat. 1705, related to appropriations and was classified to section 1857l of this title, prior to repeal by section 306 of Pub. L. 95–95. See section 7626 of this title.

Statutory Notes and Related SubsidiariesModification or Rescission of Rules, Regulations, Orders, Determinations, Contracts, Certifications, Authorizations, Delegations, and Other Actions

All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1978–2024 · leading case: Hiatt Grain & Feed, Inc. v. Bergland, 446 F. Supp. 457 (D. Kan. 1978).
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Hiatt Grain & Feed, Inc. v. Bergland, 446 F. Supp. 457 (D. Kan. 1978). · cites it 3× “§ 1857h-7 [recently changed to 42 U.S.C. § 7609 ] has appeared in this suit for the first time in plaintiff’s post trial brief.”
Hammond v. Norton, 370 F. Supp. 2d 226 (D.D.C. 2005). · cites it 2× “The EPA, required by NEPA and the Clean Air Act to comment on the action, see 42 U.S.C. § 7609 ; 42 U.S.C. § 4332 (2)(C), objected to the DEIS on this and other grounds.”
Louisiana Wildlife Fed'n, Inc. v. Dennis J. York, Colonel, 761 F.2d 1044 (5th Cir. 1985). · cites it 2× “§ 7609 (a) provides as follows: The Administrator shall review and comment in writing on the environmental impact of any matter relating to duties and responsibilities granted pursuant to this chapter or other provisions of the authority of the Administrator, contained in any…”
Tinicum Twp. v. United States Dep't of Transp., 685 F.3d 288 (3d Cir. 2012). “42 U.S.C. § 7609 (b). Significantly, the EPA did not do so here.”
Cnty. of Bergen v. Dole, 620 F. Supp. 1009 (D.N.J. 1985). “42 U.S.C. § 7609 (b). In accordance with the above-cited section, EPA’s procedures provide that it classify an EIS presented to it as follows: LO—Lack of objection ER (1) (2) or (3)—environmental reservation EU—environmentally unsatisfactory Pursuant to this classification…”
City of South Pasadena v. Slater, 56 F. Supp. 2d 1106 (C.D. Cal. 1999). “” 42 U.S.C. § 7609 (a)(2). The regulations state: State departments of transportation must provide reasonable opportunity for consultation with State air agencies, local air quality and transportation agencies, DOT, and EPA, including consultation on the issues described in…”
Citizens Against Burlington, Inc. v. Busey, 938 F.2d 190 (D.C. Cir. 1991). “See 42 U.S.C. § 7609 (a). The EPA participated here.”
Sylvester v. U.S. Army Corps of Engineers, 884 F.2d 394 (9th Cir. 1989). · cites it 2× “See 42 U.S.C. § 7609 (a) (1982). The Administrator did not approve the Corps’ amendment and, therefore, had to refer it to the Council of Environmental Quality (CEQ) under § 7609(b) (1982).”
Sylvester v. U.S. Army Corps of Engineers, 871 F.2d 817 (9th Cir. 1989). · cites it 2× “See 42 U.S.C. § 7609 (a) (1982). The Administrator did not approve the Corps’ amendment and, therefore, had to refer it to the Council of Environmental Quality (CEQ) under § 7609(b) (1982).”
Nat'l Wildlife Fed'n v. Goldschmidt, 677 F.2d 259 (2d Cir. 1982). “(b) Under section 309 of the Clean Air Act ( 42 U.S.C. § 7609 ), the Administrator of the [EPA] is directed to review and comment publicly on the environmental impacts of *262 Federal activities, including actions for which [EIS’s] are prepared.”
An opinion was released in case 23-1067 v. FAA, No. 23-1067 (D.C. Cir. Nov. 12, 2024). “42 U.S.C. § 7609 (a). If the EPA Administrator finds that the proposed action is “unsatisfactory” from an environmental-quality standpoint, he must “publish his determination” and refer the matter to CEQ.”
An opinion was released in case 23-1067 v. FAA, No. 23-1067 (D.C. Cir. Nov. 12, 2024). “42 U.S.C. § 7609 (a). If the EPA Administrator finds that the proposed action is “unsatisfactory” from an environmental-quality standpoint, he must “publish his determination” and refer the matter to CEQ.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.