Panoche Energy Center, LLC v. United States Environmental Protection Agency

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 18 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PANOCHE ENERGY CENTER, LLC, No. 23-1268

Petitioner,

MEMORANDUM*

v.

UNITED STATES ENVIRONMENTAL

PROTECTION AGENCY; MICHAEL S.

REGAN, Administrator of the United States Environmental Protection Agency; MARTHA GUZMAN ACEVES, Regional Administrator of Region 9 of U.S.,

Respondents.

On Petition for Review of an Order of the Environmental Protection Agency

Argued and Submitted May 22, 2024 Anchorage, Alaska

Before: BYBEE, FRIEDLAND, and MILLER, Circuit Judges.

Panoche Energy Center petitions for review of an underground injection

control permit issued by the Environmental Protection Agency. We have

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. jurisdiction under 42 U.S.C. § 300j-7(a)(2), and we deny the petition.

Under the Administrative Procedure Act, we “set aside” agency action that

is “arbitrary, capricious,” “not in accordance with law,” or “in excess of statutory

jurisdiction,…