United States Ninth Circuit

A petition for review of defendant's approval of the State of Nevada's State Implementation Plan (SIP) for regional haze under the Clean Air Act is: 1) dismissed in part, where plaintiff lacks standing to challenge defendant's approval of the SIP's formulation of reasonable progress goals for improving visibility conditions in the Jarbridge Wilderness Area; and 2) denied in part, where plaintiff does have standing to challenge defendant's decision to approve Nevada's Sulfur Dioxide Best Available Retrofit Technology determination for the Reid Gardner Generating Station, but defendant's decision was not arbitrary and capricious, and defendant's approval of Nevada's SIP does not violate any requirements imposed by 42 U.S.C. section 7410(1).

Appellate Information

• Decided 07/17/2014
• Published 07/17/2014

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel