Sierra Club v. EPA

Avenal Power filed suit seeking to compel EPA to issue a Prevention of Significant Deterioration Permit under the old applicable air quality standards that would have applied had EPA acted within the statutory deadline. EPA eventually granted Avenal Power the Permit without regard to the new regulations. Petitioners challenged EPA's action. As a preliminary matter, the court concluded that petitioners had associational standing. On the merits, the court held that the Clean Air Act, 42 U.S.C. 7475(c), unambiguously requires Avenal Power to demonstrate that the Avenal Energy Project complies with the regulations in effect at the time the Permit is issued; because Congress has directly spoken to the precise question at issue in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., EPA cannot grant the petition for review; and, therefore, the court vacated the decision to issue the permit and remanded for further proceedings. View "Sierra Club v. EPA" on Justia Law