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PUBLIC CITIZEN, INC. v. U.S. E.P.A.

No. 02-60069.

343 F.3d 449 (2003)

PUBLIC CITIZEN, INC.; Sierra Club; Galveston-Houston Association for Smog Prevention; Hilton Kelley, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Richard E. Greene, Administrator, United States Environmental Protection Agency, Region 6; Christine T. Whitman, Administrator, United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Fifth Circuit.

Filed August 15, 2003.

Attorney(s) appearing for the Case

Kelly Leigh Haragan (argued), Public Citizen, David O'Brien Frederick, Frederick Law, Austin, TX, for Petitioners.

Richard W. Lowerre, Lowerre & Kelly, Austin, TX, for Sierra Club, Galveston-Houston Ass'n for Smog Prevention and Hilton Kelley.

Alan David Greenberg (argued), U.S. Dept. of Justice, Denver, CO, Christine T. Whitman, U.S. E.P.A., Washington, DC, for Respondents.

F. Walter Conrad, Jr., Jacob Scott Janoe (argued), Matthew Lynn Kuryla, Baker Botts, Houston, TX, for BP America, Inc., Enterprise Products Operating, Exxonmobil Corp., Phillips Petroleum Co., Reliant Energy, Shell Oil Co., Texaco Exploration and Production, Inc., Texas Instruments, Inc., Valero Energy Corp. and Chevron Texaco Exploration & Production Co.

Before GARWOOD, SMITH and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Primarily at issue is whether, pursuant to Title V of the Clean Air Act, 42 U.S.C. §§ 7661-7661f, the Environmental Protection Agency (EPA) had authority to grant full approval to Texas' operating permit program, notwithstanding program deficiencies; and if so, whether it nonetheless was required by that Act to issue notices of deficiency for the claimed shortcomings. The petitions for review are DENIED.

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