Ukeiley v. Environmental Protection Agency, No. 16-9556 (10th Cir. 2018)Annotate this Case
Robert Ukeiley owned property in Lamar, Colorado and suffered from a lung condition worsened by airborne particulates. Lamar experiences many windy days, and the resulting dust storms generate airborne particulate pollution that affects its residents. Due to this pollution, between the early 1990s and 2005 the Environmental Protection Agency designated Lamar as a nonattainment area under the Clean Air Act. To achieve attainment, Lamar needed to comply with National Ambient Air Quality Standards (Standards) promulgated by the EPA. The Standards impose a variety of regulatory requirements designed to reduce the exposure of the public to dangerous levels of airborne pollutants. To achieve compliance with the Standards, Colorado developed a state implementation plan in 1994. In 2002, Colorado requested the EPA to redesignate the Lamar area as an attainment area and submitted a ten-year maintenance plan to demonstrate expected compliance through 2015. The EPA approved the plan in 2005 and redesignated Lamar as an attainment area. In 2013, as part of its requirement for achieving attainment, Colorado submitted its second proposed ten-year maintenance plan for the Lamar area. Along with its submission, Colorado asked the EPA to exclude a number of days in which Lamar’s airborne pollutants exceeded the Standards. The EPA concurred on the request for some of the days and approved the plan in 2016. Ukeiley challenged that 2016 approval in his petition for review by the Tenth Circuit Court of Appeals. He contended the EPA abused its discretion by granting Colorado’s request to exclude certain instances in which airborne dust exceeded the Standards. The Tenth Circuit concluded the EPA did not err in approving Colorado’s maintenance plan, holding the EPA’s interpretation of the Clean Air Act and its application of that interpretation were correct. Furthermore, the Court held the EPA’s regulations, related guidance, and the extensive administrative record all supported the EPA’s decision. Therefore, the Court denied Ukeiley’s petition for review.