United States Ninth Circuit
Natural Resources Defense Council v. US Environmental Protection Agency, 13-70544
Petition for review of an order of the US Environmental Protection Agency (EPA) approving the South Coast Air Quality Management District's Rule 317 as a revision to California's State Implementation Plan for the Clean Air Act (CAA) is denied, where: 1) the EPA approved Rule 317 pursuant to CAA section 172(e) after finding that the pollution controls it imposed were "not less stringent than" CAA section 185, which requires that major stationary sources of pollution in severely polluted areas pay fees for their emissions; 2) the EPA reasonably found that section 172(e) contained an ambiguous gap; and 3) the EPA's interpretation of that ambiguity, finding that the CAA's anti-backsliding provisions applied when air quality standards have been strengthened or relaxed, was reasonable.
Appellate Information
- Decided 03/11/2015
- Published 03/11/2015
Judges
- Silverman
Court
- United States Ninth Circuit