United States Ninth Circuit
Assoc. of Irritated Residents v. US Environmental Protection Agency, 13-73398
In a petition for review of the EPA's promulgation of 40 C.F.R. section 52.245 under section 110(k)(6) of the Clean Air Act, an error-correcting provision, after the EPA determined that it had mistakenly approved certain New Source Review rules in 2004 as part of California's State Implementation Plan, the petition for review is denied where: 1) the EPA did not abuse its discretion in correcting its prior approval of the 2004 NSR Rules; and 2) as a matter of first impression, the EPA properly acted to revise retroactively the scope of its approval of the 2004 NSR Rules, pursuant to section 110(k)(6) of the Clean Air Act.
Appellate Information
- Decided 06/23/2015
- Published 06/23/2015
Judges
- Garbis
Court
- United States Ninth Circuit