Crown Simpson Pulp Company v. Costle (1979)

Docket
79-797
Decided
1979-01-01

Summary

Question: Did the court of appeals have jurisdiction over the permit review where the State of California was in charge of granting the permit? Conclusion: Yes. In a per curiam opinion, the Supreme Court reversed and remanded the case to the court of appeals. The Supreme Court held that the EPA’s action in denying the variances was effectively the same as denying a permit under the Act. The Court held that to allow the court of appeals view to proceed would produce arbitrary results depending on whether the state or the EPA granted permits in a particular location.

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