Skip to main content
· 4/21/1980

Alabama Power Company v. Douglas M. Costle, as Administrator, Environmental Protection Agency, Sierra Club, Intervenors.

Citations

  • 636 F.2d 323
  • 204 U.S. App. D.C. 51

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the EPA did not have authority to dispense with monitoring where Congress mandated the use of that technique, even though monitoring technology at the time was limited
  • recognizing that the EPA had the authority to adopt different regulatory definitions for “source” in NSR and NSPS in light of the “differences in the purpose and structure of the two programs”
  • indicating that an agency's power to find categorical exemptions to statutory schemes is designed to \overlook circumstances that in context may fairly be considered de minimus\
  • indicating that an agency’s power to find categorical exemptions to statutory schemes is designed to “overlook circumstances that in context may fairly be considered de minimus”
  • noting that the term modification “is nowhere limited to physical changes exceeding a certain magnitude”
  • indicating that an agency’s power to find categorical exemptions to statutory schemes is designed to “overlook circumstances that in context may fairly be considered de minimus”

Source: CourtListener parenthetical corpus (CC0).

Judges: Leventhal, Per Curiam, Robinson, Wilkey

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.