Justia Environmental Law Opinion Summaries

Dalton Trucking and ARTBA challenged the EPA's final decision authorizing California regulations intended to reduce emissions of particulate matter and oxides of nitrogen from in-use nonroad diesel engines. Dalton Truck sought review of the same EPA decision at the same time in the Ninth Circuit, where ARTBA intervened in Dalton Trucking's behalf. Before this court, Dalton Trucking and ARTBA argue that the Ninth Circuit is the proper venue for their challenges and seek dismissal or transfer of their petitions for review. The court agreed that, pursuant to section 307(b)(1) of the Clean Air Act, 42 U.S.C. 7607(b)(1), venue is not proper in this court because EPA’s decision does not satisfy either of the statutory avenues for filing in the D.C. Circuit. Accordingly, the court dismissed the petitions for review. View "Dalton Trucking, Inc. v. EPA" on Justia Law

EPA exercised its authority under the Clean Air Act, 42 U.S.C. 7401-7671q, to issue a Final Rule designating 29 areas as not meeting its new sulfur dioxide standards. Treasure State Resource Industry Association challenged the one designation for part of Yellowstone County, Montana, and U.S. Steel challenged the one for part of Wayne County, Michigan. The court upheld the Final Rule's designation of part of Yellowstone County as nonattainment and rejected the Association's argument that the data on which EPA relied were so unreliable that its reliance was arbitrary and capricious, and the Association's argument that EPA's application of the Act was retroactive within the meaning of Landgraf v. U.S.I. Film Products. The court rejected the Association's remaining claims. The court concluded that U.S. Steel meets the requirements of standing by demonstrating a rederessable injury in fact, and rejected EPA's argument that its Final Rule is not final. On the merits, the court upheld EPA's designation of part of Wayne County as nonattainment because the court found neither a violation of the Act nor any arbitrariness in EPA's action. The court denied the petitions for review of the Final Rule and EPA's denial of petitions for reconsideration. View "Treasure State Resource v. EPA" on Justia Law