Jump to Navigation
Jump to Content

Committee for a Better Arvin v. U.S. Environmental Protection Agency

ELR Citation: 45 ELR 20096
Nos. 11-73924, 12-71332, (9th Cir., 05/20/2015)

The Ninth Circuit held that EPA violated the CAA when it approved California SIPs concerning NAAQS for ozone and fine particulate matter in the San Joaquin Valley. The SIPs relied on state-adopted mobile emissions standards to achieve their emission reduction goals. But the SIPs approved by EPA did not include those standards. Because the CAA requires that all control measures on which the plans rely to attain the NAAQS be included in the SIP and subject to enforcement by individuals and by EPA, the Agency violated the CAA in approving them. But the court rejected plaintiff environmental groups' remaining claims. Specifically, EPA did not violate the Act by not requiring inclusion of other state mechanisms in the plans. And other control measures approved by EPA were enforcement commitments as required by the CAA. The matter was therefore remanded to EPA for further proceedings.