State of Nebraska v. EPA, No. 12-3084 (8th Cir. 2016)
Annotate this CaseThe State of Nebraska petitioned for review after the EPA rejected Nebraska’s best available retrofit technology (BART) determination for Gerald Gentleman Station, substituting a Federal Implementation Plan. Conservation organizations oppose Nebraska's petition and seek review of the EPA's plan. Nebraska Public Power intervened on behalf of the EPA. Given Nebraska’s errors and EPA’s determination that Nebraska’s action was unreasoned, the court denied the petition for review. In this case, the EPA did not exceed its statutory authority in disapproving the BART determination by determining that Nebraska's BART determination for the Station was based on flawed analysis and an unreasonable conclusion. The court also concluded that the EPA properly relied on the Transport Rule for the Station and the EPA did not abuse its discretion in rejecting a geographic enhancement. The court denied the petitions for review.
Court Description: 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.
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