Utah Physicians for a Health Environment v. Executive Director of Utah Department of Environmental Quality
Annotate this CaseAt issue in this case was the Director of the Utah Division of Air Quality’s (UDAQ) approval of certain changes at Tesoro Refining and Marketing Company’s Salt Lake City Refinery. Utah Physicians for a Healthy Environment and the Utah Chapter of the Sierra Club (collectively, Petitioner) filed a request for agency action challenging the permit allowing the changes at the refinery, arguing that the Director of UDAQ conducted a legally insufficient analysis by approving Tesoro’s changes. Upon completion of permit review adjudicative proceedings, an Administrative Law Judge (ALJ) recommended that Petitioners’ challenge be dismissed. The Executive Director of the Utah Department of Environmental Quality adopted the ALJ’s findings of fact, conclusions of law, and proposed disposition and dismissed each of Petitioners’ arguments. The Supreme Court dismissed Petitioners’ appeal, holding that because Petitioners did not address alleged deficiencies in the Executive Director’s final order in their opening brief, they failed to meet their burden of persuasion on appeal.
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