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Keywords

regulationclean air act

willclean air act

Related Cases

New Jersey v. E.P.A., 517 F.3d 574, 65 ERC 1993, 380 U.S.App.D.C. 134

Facts

States and various petitioners challenged two final rules issued by the EPA concerning emissions of hazardous air pollutants from electric utility steam generating units. The first rule, known as the Delisting Rule, removed coal- and oil-fired units from the list of sources regulated under section 112 of the CAA. The second rule established performance standards for new coal-fired units and set mercury emissions limits. Petitioners argued that the EPA's actions violated the CAA's provisions, particularly regarding the delisting process.

States and others petitioned for review of Environmental Protection Agency (EPA) rules regarding the emission of hazardous air pollutants (HAP) from coal and oil fired electric utility steam generating units.

Issue

Did the EPA have the authority to delist coal and oil-fired electric utility steam generating units from the list of sources regulated under section 112 of the Clean Air Act without complying with the delisting provisions outlined in section 112(c)(9)?

Rule

The court applied the Clean Air Act's provisions, particularly section 112(c)(9), which requires the EPA to make specific findings before removing a source from the regulated list. The court emphasized that the EPA must adhere to the statutory requirements set forth by Congress.

Section 112(c)(9) provides that: The Administrator may delete any source category from the [section 112(c)(1) list] … whenever the Administrator … [determines] that emissions from no source in the category or subcategory concerned … exceed a level which is adequate to protect public health with an ample margin of safety and no adverse environmental effect will result from emissions from any source.

Analysis

The court found that the EPA's removal of coal and oil-fired electric utility steam generating units from the section 112 list was unlawful because the agency failed to make the necessary findings required by section 112(c)(9). The court noted that the EPA's interpretation of its authority to delist without following the statutory process was not supported by the plain text of the CAA. The court concluded that the EPA's actions violated the statutory framework established by Congress.

Conclusion

The court granted the petitions for review and vacated both the Delisting Rule and the associated regulations under the Clean Air Act, reaffirming that the EPA must comply with the statutory requirements for regulating hazardous air pollutants.

The court grants the petitions and vacates both rules.

Who won?

The petitioners, including New Jersey and other states, prevailed in the case because the court found that the EPA had violated the Clean Air Act by failing to follow the required delisting process.

Petitions granted and rule vacated.

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Connecticut Fund for Environment, Inc. v. E.P.A., 696 F.2d 169, 18 ERC 1436, 13 Envtl. L. Rep. 20,146

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