October 21, 2019

October 18, 2019

Subscribe to Latest Legal News and Analysis

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.

© 2019 Beveridge & Diamond PC


About this Author

Madeleine Boyer Kadas, Environmental Lawyer, Beveridge & Diamond Law Firm

Maddie Kadas brings over twenty years of experience advising multinational corporations on U.S. and international environmental matters. She founded the Firm’s Austin, TX office and served as its first Managing Shareholder.

Maddie represents clients on a variety of regulatory and enforcement matters under U.S. and Texas environmental laws, with a focus on air and waste issues affecting the chemical manufacturing and petroleum refining sectors. Fluent in Spanish, Maddie assists industrial sector clients on the full range of environmental, health...