WildEarth Guardians v. EPA, No. 12-9596 (10th Cir. 2014)
Annotate this CaseIn an effort to comply with the Clean Air Act, three states (New Mexico, Utah, and Wyoming), one city (Albuquerque), and one county (Bernalillo County) adopted a regional cap-and-trade program regulating sulfur-dioxide emissions over the Colorado Plateau. New Mexico, Utah, Wyoming, the City of Albuquerque, and Bernalillo County persuaded the EPA that the trading program would yield better results than the EPA's own compliance standards (referred to as "BART"). Five environmental groups filed petitions for review, arguing that the EPA should not have approved the trading program. Concluding that the EPA's decision was neither arbitrary nor capricious, the Tenth Circuit Court of Appeals denied the petitions for review.
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