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Federal implementation plans (FIPs), §110(c)(1)

Texas v. United States Environmental Protection Agency

The Fifth Circuit stayed EPA's regional haze plan for Oklahoma and Texas until the underlying petitions for review challenging the rule are resolved. Texas, energy companies, power plants, and others challenged EPA's action disapproving...

Sierra Club v. United States Environmental Protection Agency

A district court ordered EPA to impose a "good neighbor” federal implementation plan (FIP) for Texas with respect to the 1997 fine particulate matter (PM2.5) NAAQS. In 2015, the D.C. Circuit...

Arizona v. U.S. Environmental Protection Agency

The Ninth Circuit held that EPA did not act arbitrarily and capriciously when it disapproved in part Arizona's regional haze SIP and issued a replacement federal implementation plan (FIP) in place of the disapproved SIP elements. First...

National Parks Conservation Ass'n v. U.S. Environmental Protection Agency

The Ninth Circuit granted in part and denied in part petitions for review challenging EPA's federal implementation plan to reduce regional haze at two power plants in Montana. The owner and operator of the plants, as well as...

Oklahoma Department of Environmental Quality v. Environmental Protection Agency

The D.C. Circuit vacated EPA's new source review (NSR) rule for Indian country, which established a federal implementation plan (FIP) covering all Indian country nationwide except where EPA had already approved a tribal NSR program or...

North Dakota v. United States Environmental Protection Agency

The Eighth Circuit vacated and remanded EPA's best available retrofit technology (BART) determination for a large power plant in North Dakota, but otherwise upheld EPA's partial disapproval of two SIPs submitted by North Dakota to meet...

Oklahoma v. United States Environmental Protection Agency

The Tenth Circuit upheld an EPA rule in which it rejected Oklahoma's regional haze plan to limit sulfur dioxide emissions at electric utility power plants and replaced it with its own more stringent regulations via a federal...

Montana Sulphur & Chemical Co. v. United States Environmental Protection Agency

The Ninth Circuit denied a chemical company's petitions for review challenging EPA's partial disapproval of a proposed revision to Montana's SIP governing sulfur dioxide (SO2) emissions, its 1993 "SIP Call" that started the review...

Ober v. Whitman

The court holds that the U.S. Environmental Protection Agency (EPA) has the power under the Clean Air Act (CAA) to adopt de minimis exemptions for sources of pollution from particulate matter having an aerodynamic diameter of 10 microns...

Arizona v. EPA

The court upholds the U.S. Environmental Protection Agency's (EPA's) redesignation of five parcels of tribal land as a nonfederal Class I area under the Clean Air Act (CAA) prevention of significant deterioration (PSD) program. The...