ELR Citation: ELR 20001
No(s). H-87-2356 (S.D. Tex. Jun 7, 1989)

The court holds that Clean Air Act §211(d)'s penalties for violations of the Environmental Protection Agency's (EPA's) lead phasedown rule are unconstitutional. Section 211(d) violates the separation of powers doctrine by subjecting the judgment of an Article III court to review by the executive br...