Environmental Integrity Project v. Environmental Protection Agency, No. 18-60384 (5th Cir. 2020)Annotate this Case
The Fifth Circuit denied the petition for rehearing, withdrew its prior opinion, and substituted the following opinion.
After ExxonMobil sought a revised Title V permit under the Clean Air Act concerning an expansion of a plant in Baytown, Texas, petitioners asked EPA to object on the grounds that the underlying Title I preconstruction permit allowing the expansion was invalid. EPA rejected petitioners' arguments and declined to object.
The Fifth Circuit denied the petition for review, holding that EPA's interpretation that Title V permitting is not the appropriate vehicle for reexamining the substantive validity of underlying Title I preconstruction permits is independently persuasive. Therefore, EPA's interpretation is entitled to the mild form of deference recognized by Skidmore v. Swift & Co., 323 U.S. 134 (1944).
This opinion or order relates to an opinion or order originally issued on May 29, 2020.