42 U.S.C. § 7661a

Permit programs

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(a) Violations

After the effective date of any permit program approved or promulgated under this subchapter, it shall be unlawful for any person to violate any requirement of a permit issued under this subchapter, or to operate an affected source (as provided in subchapter IV–A), a major source, any other source (including an area source) subject to standards or regulations under section 7411 or 7412 of this title, any other source required to have a permit under parts 11 So in original. Probably should be “part”. C or D of subchapter I, or any other stationary source in a category designated (in whole or in part) by regulations promulgated by the Administrator (after notice and public comment) which shall include a finding setting forth the basis for such designation, except in compliance with a permit issued by a permitting authority under this subchapter. (Nothing in this subsection shall be construed to alter the applicable requirements of this chapter that a permit be obtained before construction or modification.) The Administrator may, in the Administrator’s discretion and consistent with the applicable provisions of this chapter, promulgate regulations to exempt one or more source categories (in whole or in part) from the requirements of this subsection if the Administrator finds that compliance with such requirements is impracticable, infeasible, or unnecessarily burdensome on such categories, except that the Administrator may not exempt any major source from such requirements.

(b) RegulationsThe Administrator shall promulgate within 12 months after November 15, 1990, regulations establishing the minimum elements of a permit program to be administered by any air pollution control agency. These elements shall include each of the following:(1) Requirements for permit applications, including a standard application form and criteria for determining in a timely fashion the completeness of applications.(2) Monitoring and reporting requirements.(3)(A) A requirement under State or local law or interstate compact that the owner or operator of all sources subject to the requirement to obtain a permit under this subchapter pay an annual fee, or the equivalent over some other period, sufficient to cover all reasonable (direct and indirect) costs required to develop and administer the permit program requirements of this subchapter, including section 7661f of this title, including the reasonable costs of—(i) reviewing and acting upon any application for such a permit,(ii) if the owner or operator receives a permit for such source, whether before or after November 15, 1990, implementing and enforcing the terms and conditions of any such permit (not including any court costs or other costs associated with any enforcement action),(iii) emissions and ambient monitoring,(iv) preparing generally applicable regulations, or guidance,(v) modeling, analyses, and demonstrations, and(vi) preparing inventories and tracking emissions.(B) The total amount of fees collected by the permitting authority shall conform to the following requirements:(i) The Administrator shall not approve a program as meeting the requirements of this paragraph unless the State demonstrates that, except as otherwise provided in subparagraphs 22 So in original. Probably should be “clauses”. (ii) through (v) of this subparagraph, the program will result in the collection, in the aggregate, from all sources subject to subparagraph (A), of an amount not less than $25 per ton of each regulated pollutant, or such other amount as the Administrator may determine adequately reflects the reasonable costs of the permit program.(ii) As used in this subparagraph, the term “regulated pollutant” shall mean (I) a volatile organic compound; (II) each pollutant regulated under section 7411 or 7412 of this title; and (III) each pollutant for which a national primary ambient air quality standard has been promulgated (except that carbon monoxide shall be excluded from this reference).(iii) In determining the amount under clause (i), the permitting authority is not required to include any amount of regulated pollutant emitted by any source in excess of 4,000 tons per year of that regulated pollutant.(iv) The requirements of clause (i) shall not apply if the permitting authority demonstrates that collecting an amount less than the amount specified under clause (i) will meet the requirements of subparagraph (A).(v) The fee calculated under clause (i) shall be increased (consistent with the need to cover the reasonable costs authorized by subparagraph (A)) in each year beginning after 1990, by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for the calendar year 1989. For purposes of this clause—(I) the Consumer Price Index for any calendar year is the average of the Consumer Price Index for all-urban consumers published by the Department of Labor, as of the close of the 12-month period ending on August 31 of each calendar year, and(II) the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1989 shall be used.(C)(i) If the Administrator determines, under subsection (d), that the fee provisions of the operating permit program do not meet the requirements of this paragraph, or if the Administrator makes a determination, under subsection (i), that the permitting authority is not adequately administering or enforcing an approved fee program, the Administrator may, in addition to taking any other action authorized under this subchapter, collect reasonable fees from the sources identified under subparagraph (A). Such fees shall be designed solely to cover the Administrator’s costs of administering the provisions of the permit program promulgated by the Administrator.(ii) Any source that fails to pay fees lawfully imposed by the Administrator under this subparagraph shall pay a penalty of 50 percent of the fee amount, plus interest on the fee amount computed in accordance with section 6621(a)(2) of title 26 (relating to computation of interest on underpayment of Federal taxes).(iii) Any fees, penalties, and interest collected under this subparagraph shall be deposited in a special fund in the United States Treasury for licensing and other services, which thereafter shall be available for appropriation, to remain available until expended, subject to appropriation, to carry out the Agency’s activities for which the fees were collected. Any fee required to be collected by a State, local, or interstate agency under this subsection shall be utilized solely to cover all reasonable (direct and indirect) costs required to support the permit program as set forth in subparagraph (A).(4) Requirements for adequate personnel and funding to administer the program.(5) A requirement that the permitting authority have adequate authority to:(A) issue permits and assure compliance by all sources required to have a permit under this subchapter with each applicable standard, regulation or requirement under this chapter;(B) issue permits for a fixed term, not to exceed 5 years;(C) assure that upon issuance or renewal permits incorporate emission limitations and other requirements in an applicable implementation plan;(D) terminate, modify, or revoke and reissue permits for cause;(E) enforce permits, permit fee requirements, and the requirement to obtain a permit, including authority to recover civil penalties in a maximum amount of not less than $10,000 per day for each violation, and provide appropriate criminal penalties; and(F) assure that no permit will be issued if the Administrator objects to its issuance in a timely manner under this subchapter.(6) Adequate, streamlined, and reasonable procedures for expeditiously determining when applications are complete, for processing such applications, for public notice, including offering an opportunity for public comment and a hearing, and for expeditious review of permit actions, including applications, renewals, or revisions, and including an opportunity for judicial review in State court of the final permit action by the applicant, any person who participated in the public comment process, and any other person who could obtain judicial review of that action under applicable law.(7) To ensure against unreasonable delay by the permitting authority, adequate authority and procedures to provide that a failure of such permitting authority to act on a permit application or permit renewal application (in accordance with the time periods specified in section 7661b of this title or, as appropriate, subchapter IV–A) shall be treated as a final permit action solely for purposes of obtaining judicial review in State court of an action brought by any person referred to in paragraph (6) to require that action be taken by the permitting authority on such application without additional delay.(8) Authority, and reasonable procedures consistent with the need for expeditious action by the permitting authority on permit applications and related matters, to make available to the public any permit application, compliance plan, permit, and monitoring or compliance report under section 7661b(e) of this title, subject to the provisions of section 7414(c) of this title.(9) A requirement that the permitting authority, in the case of permits with a term of 3 or more years for major sources, shall require revisions to the permit to incorporate applicable standards and regulations promulgated under this chapter after the issuance of such permit. Such revisions shall occur as expeditiously as practicable and consistent with the procedures established under paragraph (6) but not later than 18 months after the promulgation of such standards and regulations. No such revision shall be required if the effective date of the standards or regulations is a date after the expiration of the permit term. Such permit revision shall be treated as a permit renewal if it complies with the requirements of this subchapter regarding renewals.(10) Provisions to allow changes within a permitted facility (or one operating pursuant to section 7661b(d) of this title) without requiring a permit revision, if the changes are not modifications under any provision of subchapter I and the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or in terms of total emissions: 33 So in original. A closing parenthesis probably should precede the colon. Provided, That the facility provides the Administrator and the permitting authority with written notification in advance of the proposed changes which shall be a minimum of 7 days, unless the permitting authority provides in its regulations a different timeframe for emergencies.(c) Single permit

A single permit may be issued for a facility with multiple sources.

(d) Submission and approval(1) Not later than 3 years after November 15, 1990, the Governor of each State shall develop and submit to the Administrator a permit program under State or local law or under an interstate compact meeting the requirements of this subchapter. In addition, the Governor shall submit a legal opinion from the attorney general (or the attorney for those State air pollution control agencies that have independent legal counsel), or from the chief legal officer of an interstate agency, that the laws of the State, locality, or the interstate compact provide adequate authority to carry out the program. Not later than 1 year after receiving a program, and after notice and opportunity for public comment, the Administrator shall approve or disapprove such program, in whole or in part. The Administrator may approve a program to the extent that the program meets the requirements of this chapter, including the regulations issued under subsection (b). If the program is disapproved, in whole or in part, the Administrator shall notify the Governor of any revisions or modifications necessary to obtain approval. The Governor shall revise and resubmit the program for review under this section within 180 days after receiving notification.(2)(A) If the Governor does not submit a program as required under paragraph (1) or if the Administrator disapproves a program submitted by the Governor under paragraph (1), in whole or in part, the Administrator may, prior to the expiration of the 18-month period referred to in subparagraph (B), in the Administrator’s discretion, apply any of the sanctions specified in section 7509(b) of this title.(B) If the Governor does not submit a program as required under paragraph (1), or if the Administrator disapproves any such program submitted by the Governor under paragraph (1), in whole or in part, 18 months after the date required for such submittal or the date of such disapproval, as the case may be, the Administrator shall apply sanctions under section 7509(b) of this title in the same manner and subject to the same deadlines and other conditions as are applicable in the case of a determination, disapproval, or finding under section 7509(a) of this title.(C) The sanctions under section 7509(b)(2) of this title shall not apply pursuant to this paragraph in any area unless the failure to submit or the disapproval referred to in subparagraph (A) or (B) relates to an air pollutant for which such area has been designated a nonattainment area (as defined in part D of subchapter I).(3) If a program meeting the requirements of this subchapter has not been approved in whole for any State, the Administrator shall, 2 years after the date required for submission of such a program under paragraph (1), promulgate, administer, and enforce a program under this subchapter for that State.(e) Suspension

The Administrator shall suspend the issuance of permits promptly upon publication of notice of approval of a permit program under this section, but may, in such notice, retain jurisdiction over permits that have been federally issued, but for which the administrative or judicial review process is not complete. The Administrator shall continue to administer and enforce federally issued permits under this subchapter until they are replaced by a permit issued by a permitting program. Nothing in this subsection should be construed to limit the Administrator’s ability to enforce permits issued by a State.

(f) ProhibitionNo partial permit program shall be approved unless, at a minimum, it applies, and ensures compliance with, this subchapter and each of the following:(1) All requirements established under subchapter IV–A applicable to “affected sources”.(2) All requirements established under section 7412 of this title applicable to “major sources”, “area sources,” and “new sources”.(3) All requirements of subchapter I (other than section 7412 of this title) applicable to sources required to have a permit under this subchapter.Approval of a partial program shall not relieve the State of its obligation to submit a complete program, nor from the application of any sanctions under this chapter for failure to submit an approvable permit program.(g) Interim approval

If a program (including a partial permit program) submitted under this subchapter substantially meets the requirements of this subchapter, but is not fully approvable, the Administrator may by rule grant the program interim approval. In the notice of final rulemaking, the Administrator shall specify the changes that must be made before the program can receive full approval. An interim approval under this subsection shall expire on a date set by the Administrator not later than 2 years after such approval, and may not be renewed. For the period of any such interim approval, the provisions of subsection (d)(2), and the obligation of the Administrator to promulgate a program under this subchapter for the State pursuant to subsection (d)(3), shall be suspended. Such provisions and such obligation of the Administrator shall apply after the expiration of such interim approval.

(h) Effective date

The effective date of a permit program, or partial or interim program, approved under this subchapter, shall be the effective date of approval by the Administrator. The effective date of a permit program, or partial permit program, promulgated by the Administrator shall be the date of promulgation.

(i) Administration and enforcement(1) Whenever the Administrator makes a determination that a permitting authority is not adequately administering and enforcing a program, or portion thereof, in accordance with the requirements of this subchapter, the Administrator shall provide notice to the State and may, prior to the expiration of the 18-month period referred to in paragraph (2), in the Administrator’s discretion, apply any of the sanctions specified in section 7509(b) of this title.(2) Whenever the Administrator makes a determination that a permitting authority is not adequately administering and enforcing a program, or portion thereof, in accordance with the requirements of this subchapter, 18 months after the date of the notice under paragraph (1), the Administrator shall apply the sanctions under section 7509(b) of this title in the same manner and subject to the same deadlines and other conditions as are applicable in the case of a determination, disapproval, or finding under section 7509(a) of this title.(3) The sanctions under section 7509(b)(2) of this title shall not apply pursuant to this subsection in any area unless the failure to adequately enforce and administer the program relates to an air pollutant for which such area has been designated a nonattainment area.(4) Whenever the Administrator has made a finding under paragraph (1) with respect to any State, unless the State has corrected such deficiency within 18 months after the date of such finding, the Administrator shall, 2 years after the date of such finding, promulgate, administer, and enforce a program under this subchapter for that State. Nothing in this paragraph shall be construed to affect the validity of a program which has been approved under this subchapter or the authority of any permitting authority acting under such program until such time as such program is promulgated by the Administrator under this paragraph.(July 14, 1955, ch. 360, title V, § 502, as added Pub. L. 101–549, title V, § 501, Nov. 15, 1990, 104 Stat. 2635.)

Notes of Decisions

Cited in 104 cases (10 in the last 5 years), 1994–2026 · leading case: Pub. Citizen, Inc. v. United States Env't Prot. Agency, 343 F.3d 449 (5th Cir. 2003).

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Pub. Citizen, Inc. v. United States Env't Prot. Agency, 343 F.3d 449 (5th Cir. 2003). · cites it 26× “See 42 U.S.C. § 7661a. Pursuant to the statutory schedule: by November 1993, States were to submit proposed permit programs; by November 1994, the EPA had to either grant full or interim approval, or deny approval; by November 1995, the EPA was to take over state permit programs…”

Romoland Sch. Dist. v. Inland Empire Energy Ctr., LLC, 548 F.3d 738 (9th Cir. 2008). · cites it 8× “" 42 U.S.C. § 7661a(a). These operating permit provisions, commonly referred to as Title V of the CAA, also specify that "[e]ach permit issued under this title shall include enforceable emission limitations and standards, a schedule of compliance, .”

United States Sugar Corp. v. Env't Prot. Agency, 830 F.3d 579 (D.C. Cir. 2016). · cites it 4× “See 42 U.S.C. § 7661a. The EPA, however, can exempt an area source subcategory if it finds “that compliance with such requirements is impracticable, infeasible, or unnecessarily burdensome on such categories.”

Michigan v. Env't Prot. Agency, 268 F.3d 1075 (D.C. Cir. 2001). · cites it 19× “Section 502(d)(3) specifies that “[i]f a program meeting the requirements of this subchapter has not *1083 been approved in whole for any State, the Administrator shall, 2 years after the date required for submission of such a program .”

Cal. Cmty. Against Toxics v. Envtl. Prot. Agency, 934 F.3d 627 (D.C. Cir. 2019). · cites it 4× “7 (e), and state permitting authorities must provide for public comment and a hearing on all permit applications that they receive, 42 U.S.C. § 7661a(b)(6). But what if a state permitting authority issues or denies a permit application on a ground that a regulated source, or a 1…”

New York v. Niagara Mohawk Power Corp., 263 F. Supp. 2d 650 (W.D.N.Y. 2003). · cites it 4× “42 U.S.C. § 7661a (emphasis added). The goal of the operating permit program is to collect all of the “applicable requirements” under the Clean Air Act that govern the operation of a “major source” into a single operating permit, and to provide for monitoring and other methods…”

Gulf Restoration Network v. Gina McCarthy, 783 F.3d 227 (5th Cir. 2015). · cites it 4× “” 42 U.S.C. § 7661a(i). While the title of a statutory section is not part of the law itself, and so does not control, it may be used as a guide to determine the meaning of a provision.”

Alyeska Pipeline Serv. Co. v. State, Dep't of Env't Conservation, 145 P.3d 561 (Alaska 2006). · cites it 3× “See Clean Air Act § 502, 42 U.S.C. § 7661a (2000); Public Citizen, Inc.”

New York Pub. Interest Rsch. Grp., Inc. v. Stephen L. Johnson, in His Capacity as Adm'r, United States Env't Prot. Agency, 427 F.3d 172 (2d Cir. 2005). · cites it 3× “42 U.S.C. § 7661a. In New York, for example, the DEC has authority to issue Title V permits.”

New York Pub. Interest Rsch. Grp. v. Whitman, 321 F.3d 316 (2d Cir. 2003). · cites it 19× “See 42 U.S.C. § 7661a(a); Virginia v. Browner, 80 F.”

Minnesota Ctr. for Env't Advocacy v. Minnesota Pollution Control Agency, 644 N.W.2d 457 (Minn. 2002). · cites it 2× “42 U.S.C. § 7661a(d)(1) (1994 & Supp. V 1999).”

United States v. EME Homer City Generation, L.P, 727 F.3d 274 (3rd Cir. 2013). · cites it 3× “See 42 U.S.C. § 7661a. C. Penelec and NYSEG modify the Plant during the 1990s but do not apply for a PSD permit, though they later apply for a Title V permit.”

Show all 104 citing cases →

— 42 U.S.C. § 7661a(a) — 43 cases

Romoland Sch. Dist. v. Inland Empire Energy Ctr., LLC, 548 F.3d 738 (9th Cir. 2008). “" 42 U.S.C. § 7661a(a). These operating permit provisions, commonly referred to as Title V of the CAA, also specify that "[e]ach permit issued under this title shall include enforceable emission limitations and standards, a schedule of compliance, .”

United States Sugar Corp. v. Env't Prot. Agency, 830 F.3d 579 (D.C. Cir. 2016). “See 42 U.S.C. § 7661a. The EPA, however, can exempt an area source subcategory if it finds “that compliance with such requirements is impracticable, infeasible, or unnecessarily burdensome on such categories.”

Summit Petroleum Corp. v. United States Env't Prot. Agency, 690 F.3d 733 (6th Cir. 2012).

Nguyen Ex Rel. United States v. City of Cleveland, 534 F. App'x 445 (6th Cir. 2013).

United States v. EME Homer City Generation, L.P, 727 F.3d 274 (3rd Cir. 2013). “See 42 U.S.C. § 7661a. C. Penelec and NYSEG modify the Plant during the 1990s but do not apply for a PSD permit, though they later apply for a Title V permit.”

— 42 U.S.C. § 7661a(b) — 16 cases

Pub. Citizen, Inc. v. United States Env't Prot. Agency, 343 F.3d 449 (5th Cir. 2003). “See 42 U.S.C. § 7661a. Pursuant to the statutory schedule: by November 1993, States were to submit proposed permit programs; by November 1994, the EPA had to either grant full or interim approval, or deny approval; by November 1995, the EPA was to take over state permit programs…”

Sierra Club v. Env't Prot. Agency, 536 F.3d 673 (D.C. Cir. 2008).

Appalachian Power Co. v. Env't Prot. Agency, 208 F.3d 1015 (D.C. Cir. 2000).

Brown-Forman Corp. v. George Miller, 528 S.W.3d 886 (Ky. 2017).

Legal Env't Assistance Found., Inc. v. United States Env't Prot. Agency, 400 F.3d 1278 (11th Cir. 2005).

— 42 U.S.C. § 7661a(b)(10) — 1 case

Ohio Pub. Interest Rsch. Grp., Inc. v. Whitman, 386 F.3d 792 (6th Cir. 2004).

— 42 U.S.C. § 7661a(b)(3) — 1 case

Alyeska Pipeline Serv. Co. v. State, Dep't of Env't Conservation, 145 P.3d 561 (Alaska 2006). “See Clean Air Act § 502, 42 U.S.C. § 7661a (2000); Public Citizen, Inc.”

— 42 U.S.C. § 7661a(b)(3)(A)(i) — 1 case

— 42 U.S.C. § 7661a(b)(4) — 1 case

— 42 U.S.C. § 7661a(b)(5) — 3 cases

Env't Integrity Proj v. EPA, 969 F.3d 529 (5th Cir. 2020).

Env't Integrity Proj v. EPA, 960 F.3d 236 (5th Cir. 2020).

— 42 U.S.C. § 7661a(b)(5)(E) — 6 cases

New York Pub. Interest Rsch. Grp., Inc. v. Stephen L. Johnson, in His Capacity as Adm'r, United States Env't Prot. Agency, 427 F.3d 172 (2d Cir. 2005). “42 U.S.C. § 7661a. In New York, for example, the DEC has authority to issue Title V permits.”

Luminant Generation Co. v. United States Env't Prot. Agency, 714 F.3d 841 (5th Cir. 2013).

Luminant Generation Co. v. United States Env't Prot. Agency, 699 F.3d 427 (1st Cir. 2012).

Luminant Generation Co. v. EPA (5th Cir. 2012).

— 42 U.S.C. § 7661a(b)(6) — 19 cases

Cal. Cmty. Against Toxics v. Envtl. Prot. Agency, 934 F.3d 627 (D.C. Cir. 2019). “7 (e), and state permitting authorities must provide for public comment and a hearing on all permit applications that they receive, 42 U.S.C. § 7661a(b)(6). But what if a state permitting authority issues or denies a permit application on a ground that a regulated source, or a 1…”

Sierra Club v. Env't Prot. Agency, 551 F.3d 1019 (D.C. Cir. 2008).

United States v. Kevin Martin, 438 F.3d 621 (6th Cir. 2006).

Alyeska Pipeline Serv. Co. v. State, Dep't of Env't Conservation, 145 P.3d 561 (Alaska 2006). “See Clean Air Act § 502, 42 U.S.C. § 7661a (2000); Public Citizen, Inc.”

Env't Integrity Proj v. EPA, 960 F.3d 236 (5th Cir. 2020).

— 42 U.S.C. § 7661a(b)(l) — 1 case

W. States Petroleum Ass'n v. Env't Prot. Agency, 87 F.3d 280 (9th Cir. 1996).

— 42 U.S.C. § 7661a(d) — 11 cases

Michigan v. Env't Prot. Agency, 268 F.3d 1075 (D.C. Cir. 2001). “Section 502(d)(3) specifies that “[i]f a program meeting the requirements of this subchapter has not *1083 been approved in whole for any State, the Administrator shall, 2 years after the date required for submission of such a program .”

Appalachian Power Co. v. Env't Prot. Agency, 208 F.3d 1015 (D.C. Cir. 2000).

Oklahoma Dep't of Env't Quality v. Env't Prot. Agency, 740 F.3d 185 (D.C. Cir. 2014).

Env't Integrity Proj v. EPA, 969 F.3d 529 (5th Cir. 2020).

— 42 U.S.C. § 7661a(d)(1) — 11 cases

Minnesota Ctr. for Env't Advocacy v. Minnesota Pollution Control Agency, 644 N.W.2d 457 (Minn. 2002). “42 U.S.C. § 7661a(d)(1) (1994 & Supp. V 1999).”

New York Pub. Interest Rsch. Grp. v. Whitman, 321 F.3d 316 (2d Cir. 2003). “See 42 U.S.C. § 7661a(a); Virginia v. Browner, 80 F.”

United States v. East Kentucky Power Coop., Inc., 498 F. Supp. 2d 995 (E.D. Ky. 2007).

— 42 U.S.C. § 7661a(d)(2) — 1 case

Commonwealth of VA v. United States, 74 F.3d 517 (4th Cir. 1996).

— 42 U.S.C. § 7661a(d)(2)(B) — 2 cases

New York Pub. Interest Rsch. Grp. v. Whitman, 321 F.3d 316 (2d Cir. 2003). “See 42 U.S.C. § 7661a(a); Virginia v. Browner, 80 F.”

— 42 U.S.C. § 7661a(d)(3) — 7 cases

Virginia v. United States, 926 F. Supp. 537 (E.D. Va. 1995).

New York Pub. Interest Rsch. Grp. v. Whitman, 321 F.3d 316 (2d Cir. 2003). “See 42 U.S.C. § 7661a(a); Virginia v. Browner, 80 F.”

Commonwealth of VA v. United States, 74 F.3d 517 (4th Cir. 1996).

— 42 U.S.C. § 7661a(d)(l) — 13 cases

Minnesota Ctr. for Env't Advocacy v. Minnesota Pollution Control Agency, 644 N.W.2d 457 (Minn. 2002). “42 U.S.C. § 7661a(d)(1) (1994 & Supp. V 1999).”

Sierra Club v. Env't Prot. Agency, 322 F.3d 718 (D.C. Cir. 2003).

— 42 U.S.C. § 7661a(e) — 1 case

— 42 U.S.C. § 7661a(g) — 3 cases

Sierra Club v. Env't Prot. Agency, 322 F.3d 718 (D.C. Cir. 2003).

New York Pub. Interest Rsch. Grp. v. Whitman, 321 F.3d 316 (2d Cir. 2003). “See 42 U.S.C. § 7661a(a); Virginia v. Browner, 80 F.”

— 42 U.S.C. § 7661a(i) — 5 cases

Gulf Restoration Network v. Gina McCarthy, 783 F.3d 227 (5th Cir. 2015). “” 42 U.S.C. § 7661a(i). While the title of a statutory section is not part of the law itself, and so does not control, it may be used as a guide to determine the meaning of a provision.”

Legal Env't Assistance Found., Inc. v. United States Env't Prot. Agency, 400 F.3d 1278 (11th Cir. 2005).

Gulf Restoration Network v. Gina McCarthy (5th Cir. 2015).

— 42 U.S.C. § 7661a(i)(1) — 5 cases

New York Pub. Interest Rsch. Grp. v. Whitman, 321 F.3d 316 (2d Cir. 2003). “See 42 U.S.C. § 7661a(a); Virginia v. Browner, 80 F.”

Legal Env't Assistance Found., Inc. v. United States Env't Prot. Agency, 400 F.3d 1278 (11th Cir. 2005).

Gulf Restoration Network v. Gina McCarthy (5th Cir. 2015).

Nrdc v. Us Fda (2d Cir. 2014).

— 42 U.S.C. § 7661a(i)(2) — 5 cases

Legal Env't Assistance Found., Inc. v. United States Env't Prot. Agency, 400 F.3d 1278 (11th Cir. 2005).

Ohio Pub. Interest Rsch. Grp., Inc. v. Whitman, 386 F.3d 792 (6th Cir. 2004).

Gulf Restoration Network v. Gina McCarthy (5th Cir. 2015).

— 42 U.S.C. § 7661a(i)(4) — 4 cases

New York Pub. Interest Rsch. Grp. v. Whitman, 321 F.3d 316 (2d Cir. 2003). “See 42 U.S.C. § 7661a(a); Virginia v. Browner, 80 F.”

Legal Env't Assistance Found., Inc. v. United States Env't Prot. Agency, 400 F.3d 1278 (11th Cir. 2005).

Ohio Pub. Interest Rsch. Grp., Inc. v. Whitman, 386 F.3d 792 (6th Cir. 2004).

— 42 U.S.C. § 7661a(i)(l) — 5 cases

Nat. Resources Def. Council, Inc. v. United States Food & Drug Admin., 760 F.3d 151 (2d Cir. 2014).

New York Pub. Interest Rsch. Grp. v. Whitman, 321 F.3d 316 (2d Cir. 2003). “See 42 U.S.C. § 7661a(a); Virginia v. Browner, 80 F.”

Ohio Pub. Interest Rsch. Grp., Inc. v. Whitman, 386 F.3d 792 (6th Cir. 2004).

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.