California Farm Bureau Federation v. United States Environmental Protection Agency

*541 MEMORANDUM **

California Farm Bureau, et ai. (“Farm Bureau”), seeks review of the Environmental Protection Agency’s (“EPA”) Final Rule partially revoking approval of California’s Part 70 permitting programs. Because we determine that the EPA neither acted arbitrarily or capriciously in promulgating the Final Rule nor did it misinterpret or misapply its own regulations, we deny Farm Bureau’s request.

Title V of the Clean Air Act states that “the Administrator may not exempt any major source.” 42 U.S.C. § 7661a. This court, as well as the EPA, are bound by Congress’ unambiguously expressed intent that no major source of pollution be exempted from the permitting requirements established in Title V. See Chevron, U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837 , 104 S.Ct. 2778 , 81 L.Ed.2d 694 (1984). Therefore, EPA’s decision to revoke approval of the California permitting programs, which did not have the requisite authority to permit major agricultural sources as a consequence of California Health & Safety Code § 42310(e), was not only reasonable, but mandated by the plain language of the statute.

EPA’s interpretation of its own regulations was neither “plainly…