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Sierra Club v. Environmental Protection Agency

ELR Citation: 49 ELR 20103
Nos. 18-1038, (D.C. Cir., 06/14/2019)

The D.C. Circuit dismissed a petition to review EPA's order denying an environmental group's objection to renewal of a Title V operating permit for a power plant in Utah. The group objected that the renewal permit incorporated requirements in a 1997 Title I preconstruction permit that was based on an erroneous classification of modifications in the late 1990s, and argued that EPA's denial without examining the merits of its claim should be vacated. The court found it did not have jurisdiction because EPA's order was neither a nationally applicable regulation nor determined by the Agency to have nationwide scope or effect—it was limited to a single permit for a single plant located in a single state. It therefore dismissed the petition without reaching the merits.