Helping Hand Tools v. EPA, No. 14-72553 (9th Cir. 2016)
Annotate this CaseHelping Hand and the Center petition for review of the EPA's final decision granting Sierra Pacific a prevent of significant deterioration (PSD) permit for construction of a new biomass-burning power plant at its lumber mill in California. Because EPA properly took the requisite hard look at Sierra Pacific’s proposed design and the key purpose of burning its own biomass waste, the court held that EPA reasonably concluded that consideration of solar or increased natural gas would disrupt that purpose and redefine the source. Therefore, the EPA did not act arbitrarily or capriciously and Helping Hand’s petition is denied. Because EPA was largely relying on its own guidance, acting at the frontiers of science, the court deferred to the agency’s determination regarding the supplemental greenhouse best available control technology (BACT) analysis. In this case, Sierra Pacific’s application went through an extensive process to issue a reasoned PSD permit for its new biomass burning boiler. EPA properly defined the project and rejected control technologies that redefined the project with thoughtful and reasonable explanations. The Bioenergy BACT Guidance EPA applied to the greenhouse gas emissions from Sierra Pacific’s new facility is rational and thoroughly consistent with EPA’s prior guidance.
Court Description: Environmental Law. The panel denied a petition for review of a decision of the United States Environmental Protection Agency granting Sierra Pacific Industries, Inc. a prevention of significant deterioration permit for construction of a new biomass- burning power plant at its lumber mill in California. The panel held that the EPA did not act arbitrarily or capriciously in granting a prevention of significant deterioration permit to Sierra Pacific. Addressing petitioner Helping Hands Tools’ claims that the EPA was required to consider solar power and a greater natural gas mix as clean fuel control technologies in the best available control technology (“BACT”) analysis for pollutants subject to Clean Air Act regulation, the panel held that because the EPA properly took the requisite hard look at Sierra Pacific’s proposed design and the key purpose of 4 HELPING HAND TOOLS V. USEPA burning its own biomass waste, the EPA reasonably concluded that consideration of solar or increased natural gas would disrupt that purpose and redefine the source. Addressing petitioner Center for Biological Diversity’s claims raised in response to the supplemental greenhouse gas BACT analysis, the panel deferred to the agency’s determination because EPA was largely relying on its own guidance, acting at the frontiers of science.
The court issued a subsequent related opinion or order on December 23, 2016.
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