WildEarth Guardians v. USEPA, et al.

WildEarth petitioned for review of the EPA's approval of Nevada's State Implementation Plan (SIP) for regional haze under the Clean Air Act (CAA), 42 U.S.C. 1983. The court concluded that WildEarth lacked Article III standing to challenge the EPA's approval of the SIP's formulation of reasonable progress goals for improving visibility conditions in the Jarbridge Wilderness Area; although WildEarth has standing to challenge the EPA's decision to approve Nevada's Sulfur Dioxide Best Available Retrofit Technology (BART) determination for the Reid Gardner Generating Station in southern Nevada, the EPA's decision was not arbitrary and capricious; the EPA's approval of Nevada's SIP did not violate any requirements imposed by section 7401(1); and, therefore, the court dismissed in part and denied in part the petition for review. View "WildEarth Guardians v. USEPA, et al." on Justia Law