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· 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 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.