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Union Electric Company v. EPA

United States Supreme Court

427 U.S. 246 (1976)

Relevant factsFree

After the EPA (defendant) approved Missouri's SIP reducing sulfur dioxide emissions, Union Electric (plaintiff), the area's largest emitter, sought state variances rather than filing a timely federal challenge, and only petitioned for review in the court of appeals after being told it was out of compliance, well beyond the CAA's 30-day filing window, arguing its emissions requirements were economically and technologically impossible to meet.

IssueFree

Whether a claim of economic or technological infeasibility may be considered on a petition for review, filed more than 30 days after SIP approval, based on new information under Clean Air Act Section 307(b)(1).

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