RECENT FEDERAL DECISIONS

July 2005

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Eighth Circuit Defers to EPA’s Statutory Interpretation as to EPA’s Own-Jurisdiction under the Clean Air Act
Lyon County Landfill v. U.S. Environmental Protection Agency, ___F.3d___

The Eight Circuit Court of Appeals affirmed a district court ruling permitting the U.S. Environmental Protection Agency (EPA) to bring a civil administrative action under § 113 of the Clean Air Act (CAA) based on the agency’s favorable interpretation of the statute’s waiver provision.