Appalachian Power Company v. Environmental Protection Agency
United States Court of Appeals for the District of Columbia
208 F.3d 1015 (2000)
Relevant factsFree
The EPA (defendant) issued Guidance clarifying that Title V operating permits must require "periodic monitoring" even where a pollution source already faced a different, non-periodic monitoring requirement, without going through notice-and-comment rulemaking; power and chemical industry groups (plaintiffs) challenged portions of this Guidance as an improper agency action.
IssueFree
Whether an agency document may be subject to judicial review as a final agency action where that document is not a legislative rule.
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