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LOUISIANA ENVIRONMENTAL QUALITY DEPT. v. E.P.A.

No. 12-60482.

730 F.3d 446 (2013)

LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY, Petitioner v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fifth Circuit.

September 13, 2013.

Attorney(s) appearing for the Case

Donald James Trahan, Esq. , Deidra L. Johnson , Dwana Christy King, Esq. , Jackie Marie Marve , Herman H. Robinson, Esq. , Elliott Bee Vega , Kathy Michelle Wright , Attorney, Louisiana Department of Environmental Quality, Baton Rouge, LA, for Petitioner.

Eileen Therese McDonough , Trial Attorney, U.S. Department of Justice, Environment & Natural Resources Division, Brenda Mallory, Environmental Protection Agency, Washington, DC, James G. Burke, Jr. , Paul Newman Vance, Esq. , Baldwin Haspel Burke & Mayer, L.L.C., Corinne Jacqueline Van Dalen , Supervisory Attorney, Tulane Environmental Law Clinic, New Orleans, LA, for Respondent.

Before HIGGINBOTHAM, CLEMENT, and PRADO, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The Louisiana Department of Environmental Quality ("LDEQ") petitions for judicial review of an Environmental Protection Agency objection to three title V permits issued by LDEQ to Nucor Steel Louisiana ("Nucor"). We dismiss the petition because we lack subject matter jurisdiction.

I.

Title V of the Clean Air Act ("CAA") establishes an operating permit program to assure compliance with the CAA's requirements...

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