20-1783·ADMINISTRATIVE LAW
State of North Carolina, Ex Rel.; Elizabeth S. Biser; North Carolina Department of Environmental Quality, Division of Air Quality v. United States of America; United States Department of the Navy; United States Marine Corps; Marine Corps Air Station Cherry Point
Affirmed in Part
Status
- Scheduled
- Argued
- Opinion Issued (current)
Question Presented
Whether Clean Air Act, 42 U.S.C. § 7604(e), bars federal government from removing state air-pollution enforcement action to federal court; other issues.
Argument Date
May 5, 2021
Argument Time
2:00 p.m.
Panel
IV
Lower Court Judge
Boyle
Panel
Judge Motz
Judge King
Judge Agee
Citation
CaseState of North Carolina, Ex Rel.; Elizabeth S. Biser; North Carolina Department of Environmental Quality, Division of Air Quality v. United States of America; United States Department of the Navy; United States Marine Corps; Marine Corps Air Station Cherry Point, No. 20-1783 (4th Cir. July 29, 2021)
PanelMotz, King & Agee, JJ.
Arguing Counsel
Panel That Day
3 of 3 cases argued May 5, 2021 before this panel have been decided.
Decided
20-1035
Felix Moreno-Osorio v. Merrick Garland
Authored by Judge Agee
20-1783· This case
State of North Carolina, Ex Rel.; Elizabeth S. Biser; North Carolina Department of Environmental Quality, Division of Air Quality v. United States of America; United States Department of the Navy; United States Marine Corps; Marine Corps Air Station Cherry Point
Authored by Judge Motz
20-1845
United States Ex Rel. Anham Fzco; United States Ex. Rel Asadullah Saderkhail v. Supreme Foodservice, Gmbh; Supreme Group USA LLC; Sader Al Khail General Trading, LLC; Stephen C. Orenstein; Soren Borup Norgaard; Haji Obaidullah Sade Khail
Authored by Per Curiam
Opinions
- Read opinion ↗July 29, 2021Majorityby Motz
- Read opinion ↗July 29, 2021Partial Concurrence/Dissentby Agee
Disposition
- Court
- Affirmed in part, reversed in part, and remanded for further proceedings
- Normalized
- Affirmed in Part
July 29, 2021