Tag: Clean Air Act

Ninth Circuit Finds EPA’s Final Determinations Regarding California’s Revised SIP Arbitrary and Capricious

In Association of Irritated Residents v. United States Environmental Protection Agency (2012) 686 F.3d 668, the Ninth Circuit Court of Appeals found the Environmental Protection Agency’s (EPA) final decision with regard to California’s Revised State Implementation Plan (SIP) under the Clean Air Act (Act) arbitrary and capricious. The court therefore granted the petition and remanded … Continue Reading

Ninth Circuit Remands EPA’s Adoption of Final Rule Approving Revisions to the SIP Without Vacatur to Allow a Power Plant to be Constructed Without Delay

In California Communities Against Toxics v. United States Environmental Protection Agency, (2012) 2012 U.S. App. Lexis 15428, the Ninth Circuit Court of Appeals invalidated the Environmental Protection Agency’s (EPA) approval of a revision to the California State Implementation Plan (SIP) without vacatur in order to permit a power plant to be constructed – but not … Continue Reading

The Federal Clean Air Act Requires a State Implementation Plan to include Transportation Control Measures to Reduce Vehicle Miles Traveled in Severe Nonattainment Areas even where Plan Demonstrates Overall Mobile Source Emissions will Decrease

In Ass’n of Irritated Residents v. United States EPA (9th Cir. 2012) 686 F.3d 668,  the Ninth Circuit granted a petition challenging federal Environmental Protection Agency’s (EPA) decision to approve the 2003 SIP Revision on each of the three grounds alleged by the Petitioner.  Specifically, Petitioner alleged (1)EPA’s failure to order California to submit a … Continue Reading