United States Ninth Circuit

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The Hopi Tribe v. US Environmental Protection Agency, 14-73055

In a petition for review brought by a Tribe challenging the EPA's federal implementation plan under the Clean Air Act for the Navajo Generating Station in Arizona, which concerned the production of haze that hinders clear views of the Grand Canyon, the petition is denied over the Tribe's contention that the contention that the EPA failed to analyze each of the five BART factors -- the 'best available retrofit technology' to reduce emissions from the Station, where the Tribe's exclusion from a Technical Working Group, which was a group of stakeholders that developed the proposed Rule, did not violate a duty on the part of the Government to consult with the Tribe.

Appellate Information

  • Decided
  • Published 2017/03/20




  • United States Ninth Circuit