Alaska v. United States Environmental Protection Agency
Opinion
Lead Opinion
Wardlaw, J.
The Alaska Department of Environmental Conservation (“ADEC”) and Teck Comineo Alaska, Inc. (“Comineo”) petition for review of three enforcement orders *816 entered by the United States Environmental Protection Agency (“EPA”), which effectively invalidated a Prevention of Significant Deterioration (“PSD”) permit issued by ADEC to Comineo. Petitioners challenge the EPA’s authority to issue these orders, and argue that the EPA abused its discretion in finding that ADEC’s Best Available Control Technology (“BACT”) determination did not comply with the requirements of the Clean Air Act and Alaska’s State Implementation Plan (“SIP”). We find that the EPA acted within its authority and, further, that it did not abuse its discretion.
I. Background
The Clean Air Act (“the Act”), 42 U.S.C. §§ 7401 -7671q, establishes a program for controlling and improving the nation’s air quality through a system of shared federal and state responsibility. The Act requires states to submit for the EPA’s approval a state implementation plan that provides for attainment and maintenance of the national ambient air quality standards (“NAAQS”) promulgated by the EPA. 42 U.S.C. § 7410 .