Justia U.S. D.C. Circuit Court of Appeals Opinion Summaries

The County and other parties filed a complaint in the district court claiming that DOT exceeded its authority under 26 U.S.C. 142(m)(1)(A) when it allocated $1.15 billion in Private Activity Bond (PABs) to fund Phase II of the AAF Project. The complaint also alleged that the allocation violated 26 U.S.C. 147(f), and challenged the adequacy of the Environmental Impact Statement (EIS) prepared by the FRA under the National Environmental Policy Act (NEPA).The DC Circuit affirmed the district court's judgment, holding that the County's interest were within the zone of interests protected by section 142 and thus the complaint raised claims that were cognizable under the Administrative Procedure Act (APA). However, the court held that DOT permissibly and reasonably determined that the Project qualified for tax-exempt PAB financing under section 142(m), and that the EIS for the Project did not violate NEPA. View "Indian River County v. Department of Transportation" on Justia Law

States, environmental groups, and industry representatives challenged the EPA's announcement that it would reconsider the appropriateness of, and conduct a rulemaking to potentially alter, greenhouse gas emission standards adopted in 2012 for model year 2022 to 2025 motor vehicles (Revised Determination).The DC Circuit dismissed the petitions for review based on lack of jurisdiction, holding that the EPA has not engaged in final action under the Clean Air Act. The court held that the Revised Determination was akin to an agency's grant of a petition for reconsideration of a rule. In this case, the Revised Determination neither determines rights or obligations or imposes any legal consequences, nor alters the baseline upon which any departure from the currently effective 2012 emission standards must be explained. View "California v. EPA" on Justia Law

Petitioners challenged the EPA's rule implementing the "Good Neighbor Provision," which requires upwind states to eliminate their significant contributions to air quality problems in downwind States, by promulgating a regulation addressing the interstate transport of ozone, or smog.The DC Circuit held that the rule was inconsistent with the Clean Air Act, because it allows upwind States to continue their significant contributions to downwind air quality problems beyond the statutory deadlines by which downwind States must demonstrate their attainment of air quality standards. The court held that EPA acted lawfully and rationally in all other respects. Accordingly, the petitions for review were granted in part and denied in part. View "Wisconsin v. EPA" on Justia Law

In these consolidated cases, petitioners challenged the EPA's final 2018 Rule, which established overall targets for the fuel market and imposed individual compliance obligations on fuel refineries and importers. The DC Circuit held that all these challenges lacked merit, except for one: that the EPA violated its obligations under the Endangered Species Act by failing to determine whether the 2018 Rule may affect endangered species or critical habitat. Therefore, the court granted the petition for review filed by the Gulf Restoration Network and Sierra Club and remanded without vacatur for the EPA to comply with the Act. The court denied all other petitions for review. View "American Fuel & Petrochemical Manufacturers v. EPA" on Justia Law

The DC Circuit denied Alon Petitioners' petition for review of EPA's decision not to revise its 2010 point of obligation regulation requiring refineries and importers, but not blenders, to bear the direct compliance obligation of ensuring that transportation fuels sold or introduced into the U.S. market include the requisite percentages of renewables. The court also denied Coffeyville Petitioners' petition challenging EPA's refusal to reassess the appropriateness of the point of obligation in the context of its 2017 annual volumetric rule, which set the 2017 applicable percentages for all four categories of renewable fuel and the 2018 applicable volume for one subset of such fuel, biomass-based diesel. Furthermore, the court rejected Coffeyville Petitioners' claim that EPA arbitrarily set the 2017 percentage standards too high. Finally, the court rejected NBB's separate claim that EPA set the 2018 applicable volume for biomass-based diesel too low. View "Alon Refining Krotz Springs, Inc. v. EPA" on Justia Law

The DC Circuit denied petitions for review of the EPA's 2015 revisions to the primary and secondary national ambient air quality standards for ozone, except with respect to the secondary ozone standard.The court held that petitioners' arguments, that the primary ozone standard is too lenient because it occasionally permits ozone levels to exceed 0.07 ppm and will allegedly tolerate adverse health effects, lacked merit. However, in regard to the secondary ozone standard, the court held that the EPA has not explained its decision to set a target level of protection against tree growth loss based on a three year average of cumulative, single-year ozone exposures, nor has it justified its decision not to specify any level of air quality requisite to protect against visible leaf injury. Furthermore, the EPA also impermissibly allowed sources that had completed applications for preconstruction permits before the 2015 Rule was adopted to demonstrate compliance with the previous national ambient air quality standards rather than the new, more stringent primary and secondary standards. Accordingly, the court granted those portions of the petition, vacated the grandfathering provision, and remanded for reconsideration. View "Murray Energy Corp. v. EPA" on Justia Law

Petitioners challenged the Wehrum Memo, which declares that the plain language of section 112 of the Clean Air Act compels the conclusion that a source of toxic emissions classified as "major" can reclassify to an "area source," and thereby ease its regulatory burden, at any time after it limits its potential to emit to below the major source threshold.The DC Circuit held that the Wehrum Memo was not final agency action and therefore dismissed the petitions for lack of subject matter jurisdiction under the Act. The court emphasized that, when assessing the nature of an agency action (including whether it is final), courts should resist the temptation to define the action by comparing it to superficially similar actions in the caselaw. The court held, instead, that courts should take as their NorthStar the unique constellation of statutes and regulations that govern the action at issue. The court also emphasized that, although all legislative rules are final, not all final rules are legislative, and the finality analysis is therefore distinct from the test for whether an agency action is a legislative rule. View "California Communities Against Toxics v. EPA" on Justia Law

The DC Circuit denied petitions for review challenging the Commission's orders permitting Transcontinental Gas to move forward with a pipeline expansion called the Atlantic Sunrise Project. The court held that the administrative record foreclosed the Homeowners' and Environmental Associations' three arguments under the National Environmental Policy Act (NEPA); the Commission's market-need determination did not violate the Natural Gas Act; and circuit precedent foreclosed the Environmental Associations' and Homeowners' argument that the Commission's authorization for construction to go forward while their rehearing petitions were still pending—and thus before the Commission's decision was final and judicially reviewable—denied them due process. View "Allegheny Defense Project v. FERC" on Justia Law

The DC Circuit denied a petition for review challenging the EPA's February 2018 decision not to issue financial responsibility requirements for the hardrock mining industry. The court deferred to the EPA's interpretation that it should set financial responsibility regulations based on financial risks, not risks to health and the environment, because the use of "risk" in section 9608(b) in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), in the general mandate and amount clauses, was ambiguous and the EPA's interpretation was reasonable. Furthermore, nothing in section 9608(b) mandates the EPA to promulgate financial responsibility requirements for the hardrock mining industry, authorizing the EPA to decline to do so.The court also held that the EPA's financial risk analysis and economic analysis were neither arbitrary nor capricious. Finally, under Circuit and Supreme Court precedent, the court held that the EPA's Final Action not to adopt financial responsibility requirements for the hardrock mining industry constitutes a logical outgrowth of the Proposed Rule. View "Idaho Conservation League v. Wheeler" on Justia Law

Petitioners challenged EPA's promulgation of a final rule that treated material transferred from a waste generator to a third-party reclaimer as legitimately recycled, rather than "discarded" and subject to Subtitle C regulation, if several conditions were met (the Transfer-Based Exclusion).The DC Circuit denied the petition for review and held that the Transfer-Based Exclusion was not arbitrary or capricious. The court held that EPA did not act contrary to the Resource Conservation and Recovery Act of 1976 (RCRA) in adopting the Transfer-Based Exclusion because hazardous secondary materials are not necessarily "discarded" each time they are transferred from a generator to a reclaimer along with payment. The court also held that EPA has provided a reasoned explanation for applying different standards to materials that are not yet part of the waste disposal problem RCRA addresses where they meet conditions EPA concluded were adequate for safe transfer and legitimate recycling. View "California Communities Against Toxics v. EPA" on Justia Law