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July 25, 2014

Fifth Circuit Denies Review of EPA Title V Permit Objections

The Fifth Circuit denied review for lack of subject matter jurisdiction of EPA objections to three Title V Permits issued by the Louisiana Department of Environmental Quality ("LDEQ") to Nucor Steel Louisiana for an iron manufacturing facility. See Louisiana Dep’t Env’l Quality v. U.S. Env’l Protection Agency, Case No. 12-60482, Slip Op. Fifth Cir. Sept. 13, 2013. LDEQ brought suit challenging the objections, issued almost two years after the State had issued the permits. Rejecting arguments that EPA’s objections were not proper "objections" and were untimely made, the Court held that Clean Air Act Section 7661d(c) does not allow judicial review of an objection and is not final Agency action. In dicta, the Court pointed to other provisions of the Act (citizen suit provisions) as potential mechanisms for challenging an EPA objection.

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