Sierra Club v. EPA, No. 18-60116 (5th Cir. 2019)Annotate this Case
Petitioners challenged EPA's 2017 Final Rule approving Louisiana's state implementation plan (SIP) for controlling regional haze. Environmental Petitioners contend that Louisiana's SIP does too little to curb regional haze at federally protected areas. Industry Petitioners contend that Louisiana's SIP overestimates the amount of pollution that their power plants produce.
The Fifth Circuit denied Industry Petitioners' petition, holding that EPA did not act arbitrarily and capriciously in relying on the CALPUFF model to approve Louisiana's "subject to BART" determinations. The court applied deferential standards of review and held that, although Environmental Petitioners' challenge presented a closer question, the court denied the petition because EPA's approval of Louisiana's SIP was not arbitrary and capricious. Even though the court noted that Louisiana’s explanation of its BART determination for the Nelson power plant omitted two of the five mandatory factors and failed to compare—or even set out—the numbers for the costs and benefits of the control options Louisiana considered. Furthermore, Louisiana failed to explain how its decision accounted for the EPA-submitted analyses that pointed out substantial flaws in other analyses in the administrative record.