Luminant Generation Co. v. United States Environmental Protection Agency

ELR Citation: 44 ELR 20151
No(s). 12-60694 (5th Cir. Jul 3, 2014)

The Fifth Circuit held that notices of violations EPA sent to two power plant operators for alleged CAA violations were not "final agency action" and, hence, not subject to judicial review. In the notices, EPA claimed that the operators violated the Act's PSD provisions in connection with certain ph...