ELR Citation: ELR 20597
No(s). s. 78-1922, -1927 (5th Cir. Jul 10, 1979)

The Fifth Circuit grants a petition by the Environmental Protection Agency for a clarification of a decision rendered in the case on May 3, 1979, 9 ELR 20311, in which the court invalidated the Agency's designation of non-attainment areas in Alabama pursuant to §107(d) of the Clean Air Act. The court emphasizes that the previous opinion did not concern the validity of the Agency's Emissions Offset Policy; therefore, this policy may continue to be applied on a case-by-case basis to new sources as long as it is not applied on the basis of the nonattainment designations invalidated earlier.

Counsel are listed at 9 ELR 20311.

Before GODBOLD, Circuit Judge, SKELTON,^* Senior Judge, and RUBIN, Circuit Judge.