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Utility Air Regulatory Group v. Environmental Protection Agency

ELR Case

The D.C. Circuit upheld EPA's 2012 regional haze rule, which seeks to restore air quality and visibility in certain national parks and wilderness areas to what they would be under natural conditions. The rule requires states to impose...

82 FR 48942

ELR Federal Agency Update

Yazzie v. EPA

ELR Case

The Ninth Circuit rejected challenges to EPA's interpretation of the Tribal Authority Rule under the CAA in a case concerning a coal-fired power plant on Navajo land. In 2013, in response to Navajo Nation's failure to issue a Tribal...

Colorado: Air (generally)

ELR State Update Item

Arizona v. U.S. Environmental Protection Agency

ELR Case

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. United States Environmental Protection Agency

ELR Case

The Third Circuit vacated and remanded EPA's approval of Pennsylvania's 2014 regional haze SIP. CAA §169A requires states to evaluate the impact that emissions from certain sources of pollution within their borders have on atmospheric...

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

ELR Case

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...

St. Marys Cement Inc. v. United States Environmental Protection Agency

ELR Case

The Sixth Circuit denied a cement company's petition to vacate an EPA rule requiring it to add more stringent air pollution controls at one of its portland-cement plants. The Michigan Department of Natural Resources and Environment had...

WildEarth Guardians v. United States Environmental Protection Agency

ELR Case

The Tenth Circuit denied petitions for review challenging EPA's approval of a regional cap-and-trade program regulating sulfur dioxide (SO2) emissions to address regional haze over the Colorado Plateau, a Class I area. Under the CAA's...

Diné Care v. United States Environmental Protection Agency

ELR Case

A district court dismissed Native American and environmental groups' CAA citizen suit asking the court to order EPA to issue a final rule that establishes best available retrofit technology (BART) for the Navajo Generating Station, a...