Thursday, February 4, 2016

State of Nebraska v. EPA

<> State of Nebraska v. EPA - 2/3/16. In the U.S. Court of Appeals, Eighth Circuit, Case Nos.12-3084 &12-3085. The Panel ruled U.S. EPA did not exceed its statutory authority in rejecting the State of Nebraska's   Best Available Retrofit Technology (BART) determination for the Gerald Gentleman Station, a Nebraska electric power plant subject to BART because of its impact on sites in South Dakota, Oklahoma, Colorado and Missouri; nor did the EPA err in promulgating a federal implementation plan relying on the Transport Rule to satisfy the Clean Air Act as that decision was not arbitrary, capricious or otherwise not in accordance with the law; EPA's decision not to require a scrubber at the Station was not an abuse of its discretion.