Great Basin Mine Watch v. United States Environmental Protection Agency, Newmont Usa, Limited State of Nevada, Respondents-Intervenors

Great Basin Mine Watch petitions for review of a final rule of the Environmental Protection Agency (“EPA”) allowing Nevada to split one of its clean air areas (“area 61”) into two (“lower 61” and “upper 61”). Great Basin contends that the EPA, by approving the split, violated its statutory and regulatory duties under the Clean Air Act because it failed to consider the effect of a major pollution emitter, Barrick Gold-strike Mine, in area 61. We deny Great Basin’s petition for review because we conclude that the EPA did not act arbitrarily, capriciously, or contrary to law when it granted Nevada’s request to divide area 61, and that the existence and operation of the Mine did not preclude the division.

Background

The Clean Air Act includes a program for the prevention of significant deterioration of air quality (“PSD” program), which applies to areas that are actually or potentially low in air pollution. Several of the program’s restrictions on emissions are triggered when a major stationary source (ie., a major pollution emitter) submits an application for a permit for new construction or major modification within the area under the appropriate regulations. 40 C.F.R. § 52.21…