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Medical Advocates for Healthy Air v. U.S. Environmental Protection Agency

ELR Citation: 45 ELR 20123
Nos. 12-73386, (9th Cir., 06/18/2015)

The Ninth Circuit denied a petition for review challenging EPA's approval of a revision to California's SIP that authorized the San Joaquin Valley air pollution control district to impose fees on mobile sources of pollution—primarily motor vehicles—as an alternative to the fees previously imposed on stationary sources of pollution under CAA §185. The practical effect of the alternative control is to shift costs from stationary sources to vehicle owners. Because this has an impact on the individuals represented by the petitioners, they have standing. Nevertheless, EPA concluded that the pollution control district's revision to its portion of the California SIP is not less stringent than the §185 controls. Accordingly, EPA was authorized to approve it.