Environmental Law

Date

1989

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Discusses two significant cases decided in the Fifth Circuit. Texas Municipal Power Agency v. EPA involves the Clean Water Act and the EPA’s permit modification decisions. Dow Chemical CO. v. EPA involves the Clean Air Act and the definition of “Final Agency Action.” The article concludes that the Fifth Circuit while it will continue to give judicial deference to agency decisions, it may have unintentionally conceded constitutional power by allowing the EPA’s interpretation of a statute to determine the extent of judicial review.

Description

Keywords

Environmental law, Deference, Administrative agency, Clean Water Act, Clean Air Act, Final agency action, EPA, Environmental Protection Agency, Texas Municipal Power Agency v. EPA, Dow Chemical CO. v. EPA

Citation

20 Tex. Tech L. Rev. 407