Chabot-Las Positas Community College District v. United States Environmental Protection Agency

MEMORANDUM

Petitioner Chabot Community College District (“College District”) seeks review of a federal Prevention of Significant Deterioration (“PSD”) permit issued to the Russell City Energy Center (“RCEC”), by the Bay Area Air Quality Management District (“Air District”), on behalf of the Environmental Protection Agency (“EPA”), pursuant to section 165 of the Clean Air Act (“CAA”), 42 U.S.C. § 7475 . It claims that the Air District erred as a matter of law by declining to regulate the criteria pollutant 24-hour PM-2.5 and acted arbitrarily in failing to require an auxiliary boiler as Best Available Control Technology (“BACT”). The Air District seeks review of these decisions and of the Environmental Appeals Board’s (“EAB”) order affirming them. The College District also argues that: (1) the EPA failed to satisfy its obligations under the Endangered Species Act (“ESA”), 16 U.S.C. §§ 1531-99 , by not including Pacific Gas & Electric’s (“PG & E”) neighboring power line reconductoring project as part of its section 7 consultation; and (2) the Air District failed to procure the necessary state certification of RCEC’s consistency with the Coastal Zone Management Act (“CZMA”), 16…