DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
122910P.pdf 03/14/2016 National Parks Conservation v. EPA
U.S. Court of Appeals Case No: 12-2910
and No: 12-3481
Petition for Review of an Order of the Environmental Protection Administration
[PUBLISHED] [Benton, Author, with Riley, Chief Judge, and Bye, Circuit
Judge]
Civil case - Environmental law. Petitions challenging the EPA's approval
of the Minnesota Regional Haze State Implementation Plan denied; the EPA's
explanation that the "Transport Rule" is better than source-specific "Best
Available Retrofit Technology (BART)" had a rational basis and its
reliance on the Transport Rule was not arbitrary, capricious, an abuse of
discretion or otherwise not in accordance with law; the EPA did not err in
approving the reasonable progress goals in Minnesota's Plan as it was
acting rationally within its sphere of expertise in approving the goals.
Judge Bye, concurring in the result.
122910P.pdf 01/21/2016 National Parks Conservation v. EPA
U.S. Court of Appeals Case No: 12-2910
and No: 12-3481
Petition for Review of an Order of the Environmental Protection Administration
[PUBLISHED] [Benton, Author, with Riley, Chief Judge,and Bye, Circuit
Judge]
Petition for Review - Order of the Environmental Protection Agency.
Petitions for review of the EPA's June 12, 2012 Minnesota Regional Haze
State Implementation Plan denied; the EPA's approval of Transport Rule
allowances as a better alternative to source-specific Best Available
Retrofit Technology was not arbitrary,capricious, an abuse of discretion
or otherwise not in accordance with law; challenge to the EPA's approval
reasonable-progress determinations rejected. Judge Bye, concurring in the
result.