· 10/21/1993
Puerto Rico Sun Oil Company v. United States Environmental Protection Agency
Citations
- 8 F.3d 73
- 24 Envtl. L. Rep. (Envtl. Law Inst.) 20306
- 37 ERC (BNA) 1729
- 1993 U.S. App. LEXIS 27244
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that EQB's certification \must have appeared a probable candidate for administrative or judicial revision\ as it incorporated effluent standards that had already been abandoned
- noting that EQB's certification \must have ___ appeared a probable candidate for administrative or judicial revision\ as it incorporated effluent standards that had already been abandoned
- giving deference to the EPA’s interpretation of its regulations and Section 401 to give it discretion to “declare a waiver” once the one-year deadline has passed, or to decide to accept a certification filed late
- discussing “rules of thumb” pertaining to definition of arbitrary and capricious agency action; to avoid being arbitrary and capricious, agency decision must, inter alia, discuss relevant issues, show consistency with past practice and avoid unexplained discrimination
- state agency’s characterization of its 401 certification as nonfinal did not affect procedural validity of federal permit
- state agency's characterization of its 401 certification as nonfinal did not affect procedural validity of federal permit
Source: CourtListener parenthetical corpus (CC0).
Judges: Selya, Cyr, Boudin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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