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Arizona v. EPA

ELR Citation: 47 ELR 20056
Nos. 14-73368, 14-73384, 14-73386 and 14-73394, (9th Cir., 04/03/2017)

The Ninth Circuit upheld an EPA federal implementation plan (FIP) under the CAA that replaced rejected portions of the Arizona SIP concerning air quality at federal parks and forests. In 2011, Arizona submitted a SIP to EPA for approval. EPA disapproved certain aspects of Arizona’s SIP concerning visibility at federal parks and forests and issued its own FIP that imposed enhanced emission control measures. Petitioners challenged the FIP as arbitrary and capricious. The court found nothing arbitrary or capricious in the FIP and chose to give due deference to the Agency. Further, the court determined that the Petitioners did not exhaust all remedies available to them as Congress makes it quite clear that challenges must first be first made with EPA itself. The case was dismissed.