National Parks Conservation v. EPA, No. 12-2910 (8th Cir. 2016)Annotate this Case
Petitioners seek review of the EPA's approval of the Minnesota Regional Haze State Implementation Plan. Specifically, petitioners challenged the EPA's approval of Minnesota's decision to use the Transport Rule in place of source-specific Best Available Retrofit Technology (BART), and Minnesota’s reasonable-progress goals. The court concluded that the EPA’s approval of Minnesota’s reliance on the Transport Rule was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. In this case, the EPA did not rely on factors that Congress did not intend it to consider, did not entirely fail to consider an important aspect of the problem, and did not offer an explanation that runs counter to the evidence before the agency. The court also concluded that the EPA acted rationally within its sphere of expertise when it approved the reasonable-progress goals in the Plan, explaining that Minnesota adequately demonstrated that its progress goals are reasonable. Accordingly, the court denied the petition for review.