(Download) "Southwestern Pennsylvania Growth Alliance v. Browner" by Sixth Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Southwestern Pennsylvania Growth Alliance v. Browner
- Author : Sixth Circuit U.S. Court of Appeals
- Release Date : January 26, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
This case arises under the Clean Air Act, 42 U.S.C. çç 7401-7671q, as amended. The petitioner, the Southwestern Pennsylvania Growth Alliance, appeals the decision of the Administrator of the United States Environmental Protection Agency directly to this Court under 42 U.S.C. ç 7607(b)(1). The petitioner argues that the EPAs decision to redesignate the Cleveland-Akron-Lorain, Ohio, area as an "attainment" area for ozone was arbitrary and capricious because the EPA failed to take into account the "regional" effect of ozone pollution-specifically the effect of the airborne transport of ozone and its precursors across from Ohio into Pennsylvania. The EPA counters that the petitioner does not have standing to bring this case and that the petitioners claims fail on the merits because the EPA acted reasonably in making the redesignation. It argues that it is handling the regional transport problem separately in a comprehensive study and set of proposals. We find that the actions of the EPA were reasonable and within its administrative authority, and therefore we affirm the decision of the EPA.