U.S. Magnesium LLC v. Env. Protection. Ag'y, No. 11-9533 (10th Cir. 2012)
Annotate this CaseUS Magnesium sought review of a recent final rule from the United States Environmental Protection Agency (EPA). In its rule, the EPA called for Utah to revise its State Implementation Plan (SIP) for the federal Clean Air Act (CAA). Under the CAA, the EPA may call for a state to revise its SIP (a SIP Call) if the EPA finds the state’s current SIP substantially inadequate. Here, the EPA determined that Utah’s SIP was substantially inadequate because it contained an Unavoidable Breakdown Rule (UBR), which permits operators of CAA-regulated facilities to avoid enforcement actions when they suffer an unexpected and unavoidable equipment malfunction. In this SIP Call, published as a final rule in April 2011, the EPA requested that Utah promulgate a new UBR—one that conforms with the EPA’s interpretation of the CAA. US Magnesium maintained that the SIP Call was arbitrary and capricious and asked the Tenth Circuit to vacate it. Upon review, the Court did not find the EPA's decision arbitrary and capricious, and denied US Magnesium's petition for review.
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