California Communities Against Toxics v. United States Environmental Protection Agency
Opinion
Opinion
Two environmental groups petition for review of a final rulemaking by the EPA. The groups and the EPA agree this case should be remanded, so the only dispute is whether vacatur is appropriate.
Background
The Clean Air Act requires the EPA to set national ambient air quality standards for air pollutants. 42 U.S.C. § 7409 . States are responsible for developing plans to implement those standards. § 7410(a)(1). The states’ plans, and any revisions, must be approved by the EPA. § 7410(k). As part of the plans, states must establish a permitting program for new polluters in areas that don’t meet the EPA’s standards. §§ 7502(c)(5), 7503(c). Those programs must ensure any emission increases be offset by corresponding emission reductions. § 7503(c).
The South Coast Air Quality Management District (“the District”) regulates the air quality in the South Coast Air Basin and the Riverside portions of the Saltón Sea Air Basin. Cal. Health & Safety Code § 40412 ; Cal.Code Regs. tit. 17, §§ 60104, 60114. Because these areas don’t meet the EPA’s air quality standards, the District is responsible for developing a plan that ensures new emission increases are offset by reductions. See 40…