DC Circ. Sinks Challenge To EPA Emissions Policy Change

Law360 (April 7, 2020, 5:04 PM EDT) -- The Sierra Club can't challenge a U.S. Environmental Protection Agency guidance that allows an easier permit review process for projects that won't significantly increase air pollution because it's not a final agency action, the D.C. Circuit said Tuesday.

The three-judge panel unanimously rejected the green group's lawsuit seeking to void the EPA's April 2018 memo on how new or modified projects that emit fine particulate matter or ground-level ozone must show compliance with the Clean Air Act's Prevention of Significant Deterioration, or PSD, permitting requirements. The judges cited the U.S. Supreme Court's 1997 ruling in Bennett v. Spear, which established a...

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