Jeff Shaw, Sierra Club, jeff.shaw@sierraclub.org
Keri N. Powell, Powell Environmental Law, (917) 573-8853
WASHINGTON, D.C. -- On Thursday, the 10th Circuit Court of Appeals blocked a Trump administration attempt to allow polluters to illegally sidestep clean air regulations -- and protected the public’s right to seek legal relief.
Trump's Environmental Protection Agency tried to undermine a key Clean Air Act provision that allows members of the public to seek federal intervention when state regulators allow a major air pollution source to expand operations without undergoing “new source review” and installing up-to-date air pollution controls. The 10th Circuit rejected EPA’s position as in violation of the plain language of the agency’s clean air regulations.
Though the decision specifically addressed an EPA order regarding the 1,320 MW coal-fired Hunter power plant in Utah, EPA had used the order to change the way it implements the Clean Air Act nationwide.
“We agree with the Sierra Club’s interpretation,” wrote the court. “The regulatory definition of ‘applicable requirements’ includes all requirements in the state’s implementation plan, and Utah’s implementation plan broadly requires compliance with the Clean Air Act.”
The Clean Air Act provision at issue in the case authorizes any member of the public to petition EPA to object to a facility’s operating permit if it fails to “assure compliance” with all “applicable requirements” of the Act. In the challenged order, EPA had tried to eliminate the public’s ability to petition EPA to require compliance with New Source Review by claiming that such requirements do not fall within the definition of “applicable requirements” provided in EPA’s regulations. The 3-judge panel unanimously rejected EPA’s position.
In response to the court’s decision, Keri N. Powell, the attorney who argued the case for Sierra Club, released the following statement:
“Clean air is important to all Americans. The Court’s unanimous decision confirms that federal regulators must make certain that dirty industries like the coal industry are complying with the Clean Air Act. EPA can no longer look the other way while states unlawfully exempt industrial polluters from vitally important air pollution control requirements.”
About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with more than 3.5 million members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.