ELR Citation: ELR 20689
No(s). 92-1064 (D.C. Cir. Apr 6, 1993)

The court holds that Clean Air Act (CAA) §211(f)(4)'s provision for automatic issuance of a fuel additive waiver when the U.S. Environmental Protection Agency (EPA) fails to act on an application does not entitle an applicant to a waiver when EPA denies the waiver based on erroneous information. Upon application by a manufacturer, EPA can grant a waiver permitting sale of fuel additives not substantially similar to those in use in engines certified since 1974 if they will not cause vehicles to violate emissions standards. If EPA fails to grant or deny the waiver within 180 days, the waiver is treated as granted. The court holds that the CAA does not require unlawful denials to be equated with inaction. The court remands to EPA to consider new evidence.

Counsel for Petitioner
F. William Brownell
Hunton & Williams
2000 Pennsylvania Ave., Ste. 9000, Washington DC 20036
(202) 955-1555

Counsel for Respondents
John C. Nagle
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before: SILBERMAN, WILLIAMS, and D.H. GINSBURG, Circuit Judges.