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ENVIRONMENTAL INTEGRITY PROJECT v. U.S. EPA

No. 18-60384.

960 F.3d 236 (2020)

ENVIRONMENTAL INTEGRITY PROJECT; Sierra Club, Petitioners v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Andrew Wheeler, in his official capacity as Administrator of the United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Fifth Circuit.

FILED May 29, 2020.

Attorney(s) appearing for the Case

Gabriel Paul Clark-Leach , Environmental Integrity Project, Austin, TX, for Petitioners.

David Jay Kaplan , Senior Attorney, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, Simi Bhat , U.S. Department of Justice, Environment & Natural Resources Division, San Francisco, CA, for Respondents.

Shannon Suzanne Broome, Esq. , Hunton Andrews Kurth, L.L.P., San Francisco, CA, for Intervenor Exxon Mobil Corporation.

John Richard Hulme, Esq. , Assistant Attorney General, Office of the Attorney General, Environmental Protection & Administrative Law Division, Austin, TX, for Intervenors State of Texas and Texas Commission on Environmental Quality.

Before HAYNES, GRAVES, and DUNCAN, Circuit Judges.

We consider EPA's administration of the Title V permitting program under the Clean Air Act (the "Act"), 42 U.S.C. § 7401 et seq. Added to the Act in 1990, Title V is designed to consolidate in a single operating permit all substantive requirements a pollution source must comply with, including preconstruction...

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