Ca. Cmtys. Against Toxics v. EPA, No. 11-71127 (9th Cir. 2012)Annotate this Case
Two environmental groups (Petitioners) petitioned for review of a final rulemaking by the EPA that approved a revision to a California state plan to implement national ambient air quality standards for air pollutants. The revision required the South Coast Air Quality Management District to transfer credits to a soon-to-be-completed power plant named Sentinel. Petitioners alleged that the EPA committed procedural errors during the rulemaking process and that the substance of the revised state plan violated the Clean Air Act. Petitioners and the EPA agreed this case should be remanded because the EPA's final rule was invalid, so the only dispute was whether vacatur was appropriate. The Ninth Circuit Court of Appeals remanded without vacatur so the construction of the power plant could proceed without delay, as the power supply would otherwise be interrupted and the plant's operation was not authorized to commence without a new and valid EPA rule in place.