Thursday, February 3, 2011

Association of Irritated Residents v. EPA

Feb 2: In the U.S. Court of Appeals, Ninth Circuit, Case No. 09-71383. On Petition for Review of an Order of the U.S. EPA. The Association of Irritated Residents, Natural Resources Defense Council, and others petition for review of a final action by EPA approving in part and disapproving in part revisions to California's State Implementation Plan for meeting air quality standards for ozone under the Clean Air Act. The Appeals Court granted the petition for review and remanded the case to EPA for further consideration.
    In summary, the Appeals Court said, "EPA's approval of the 2003 SIP Revision was arbitrary and capricious. EPA should have ordered California to submit a revised attainment plan for the South Coast after it disapproved the 2003 Attainment Plan. EPA should have required transportation control measures. EPA is required to determine whether the Pesticide Element has sufficient
enforcement mechanisms to satisfy the requirements of the Act. We grant the petition for review and remand to the EPA for further proceedings consistent with this opinion."
    Access the complete opinion (click here).

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