United States Ninth Circuit

A petition for review of an Environmental Protection Agency (EPA) decision to issue a Prevention of Significant Deterioration Permit, thereby allowing a gas-fired power plant to be built under old air quality standards, is granted and remanded for further proceedings, where: 1) a number of petitioners had associational standing to challenge EPA's action; and 2) the EPA exceeded its authority under the Clean Air Act (CAA) because the CAA unambiguously requires that the power plant project comply with regulations in effect at the time of permit issuance, and because Congress had directly addressed the issue, the EPA could not waive this requirement.

Appellate Information

• Decided 08/12/2014
• Published 08/12/2014

Judges

• NGUYEN

Court

• United States Ninth Circuit

Counsel