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Tennessee Valley Authority v. Whitman

336 F.3d 1236 (2003)

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Tennessee Valley Authority v. Whitman

United States Court of Appeals for the Eleventh Circuit
336 F.3d 1236 (2003)

Facts

Whitman (EPA) (defendant) concluded that the Tennessee Valley Authority (TVA) (plaintiff) violated the Clean Air Act (CAA) when it engaged in rehabilitation projects at coal-fired electric-power plants without permits. The EPA then issued an administrative compliance order (ACO). The ACO required that the TVA undertake costly and burdensome compliance initiatives. The TVA refused to comply with the terms of the ACO, believing that the EPA had an incorrect understanding of the law and facts. The EPA delegated the task of reconsidering ACOs to the Environmental Appeals Board (EAB). The EAB informally adjudicated the issue of liability. The EAB decided that the TVA did violate the CAA when it undertook the rehabilitation projects without permits. The TVA filed a petition for review with the United States Court of Appeals for the Eleventh Circuit. The TVA sought to set aside the EAB order as unlawful and the product of arbitrary and capricious decision-making pursuant to the Administrative Procedure Act’s judicial-review provision.

Rule of Law

Issue

Holding and Reasoning (Tjoflat, J.)

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