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Louisiana Envtl. Action Network v. EPA

ELR Citation: 34 ELR 20095
Nos. No. 02-60991, (5th Cir., 09/08/2004)

The Fifth Circuit granted an environmental group's petition for review of a revised SIP for the Baton Rouge, Louisiana, ozone nonattainment area in which EPA approved reductions outside the Baton Rouge area as a substitute contingency measure. EPA's approval of the contingency measure was a reasonable interpretation of the CAA because reductions were continuing in nature. And the group waived its argument that emissions reductions already undertaken by law cannot be a future contingency measure because it failed to raise this argument during the approval process. Nevertheless, EPA erroneously approved the contingency measure without demonstrating that the reductions will have positive effects in the Baton Rouge nonattainment area. Because the record fails to support the Agency's decision, this issue was remanded to EPA for additional investigation or explanation.