DC Circ. Sinks Enviros' Challenge To EPA Clean Air Act Permit

Law360 (June 14, 2019, 4:29 PM EDT) -- The D.C. Circuit on Friday dismissed a Sierra Club lawsuit accusing the EPA of hiding a nationally applicable change to Clean Air Act permit reviews in an order denying the group's petition to review a Utah coal power plant's permit.

The EPA had denied the Sierra Club's petition to review a CAA permit issued to Berkshire Hathaway Energy subsidiary PacifiCorp's coal-fired Hunter Power Plant in Emery County, Utah. Under the act, the D.C. Circuit is responsible for reviewing matters with a national scope.

A unanimous three-judge panel said the denial order does not fit that definition and that therefore they did...

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Appellate - DC Circuit

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February 5, 2018

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