Home » Articles » Volume 45 » Issue 3 » Court Opinions » Ninth Circuit » Wildearth Guardians v. EPA (No. 12-71523, 2014)


Wildearth Guardians v. EPA (No. 12-71523, 2014)


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Summary [1]

The panel dismissed in part and denied in part a petition for review of the Environmental Protection Agency’s approval of the State of Nevada’s State Implementation Plan for regional haze under the Clean Air Act. WildEarth Guardians, a non-profit environmental organization, alleged that Nevada’s State Implementation Plan (SIP) was inadequate, and the EPA’s decision to approve it was arbitrary and capricious.

The panel held that WildEarth Guardians 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 in northeastern Nevada.

The panel also held that WildEarth Guardians had standing to challenge the EPA’s decision to approve Nevada’s Sulfur Dioxide Best Available Retrofit Technology determination for the Reid Gardner Generating Station in southern Nevada, but concluded that the EPA’s decision was not arbitrary and capricious.

The panel further concluded that the EPA’s approval of Nevada’s SIP did not violate any requirements imposed by 42 U.S.C. § 7410(1).

Footnotes    (↵ returns to text)
  1. This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.
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