123084P.pdf   02/03/2016  State of Nebraska  v.  EPA
   U.S. Court of Appeals Case No:  12-3084
                          and No:  12-3085
   Petition for Review of an Order of the Environmental Protection Administration   
   [PUBLISHED] [Benton, Author, with Riley, Chief Judge, with Bye, Circuit 
   Judge] 
   Petition for Review - Environmental Protection Administration. The EPA did 
   not exceed its statutory authority in rejecting the State of Nebraska's 
   Best Available Retrofit Technology (BART) determination for the Gerald 
   Gentleman Station, a Nebraska electric power plant subject to BART because 
   of its impact on sites in South Dakota, Oklahoma, Colorado and Missouri; 
   nor did the EPA err in promulgating a federal implementation plan relying 
   on the Transport Rule to satisfy the Clean Air Act as that decision was 
   not arbitrary, capricious or otherwise not in accordance with the law; 
   EPA's decision not to require a scrubber at the Station was not an abuse 
   of its discretion. Judge Bye, concurring in the result.