United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued November 2, 2020 Decided March 5, 2021 No. 08-1065 STATE OF NEW JERSEY, PETITIONER v. ENVIRONMENTAL PROTECTION AGENCY, RESPONDENT AIR PERMITTING FORUM, ET AL., INTERVENORS On Petition for Review of a Final Action of the Environmental Protection Agency Lisa J. Morelli, Deputy Attorney General, Office of the Attorney General for the State of New Jersey, argued the cause for petitioner. With her on the briefs was Gurbir S. Grewal, Attorney General. Jon C. Martin, Deputy Assistant Attorney General, entered an appearance. Laura J. Brown, Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were Jeffrey Bossert Clark, Assistant Attorney General, Jonathan D. Brightbill, Principal Deputy Assistant Attorney General, and 2 Brian L. Doster, Assistant General Counsel, U.S. Environmental Protection Agency. Eric G. Hostetler and Norman L. Rave Jr., Attorneys, U.S. Department of Justice, and Howard J. Hoffman, Counsel, U.S. Environmental Protection Agency, entered appearances. Shannon S. Broome argued the cause for intervenors Air Permitting Forum, et al. in support of respondent. With her on the brief were Laura K. McAfee, Charles H. Knauss, and Alexandra K. Hamilton. David M. Friedland, Stacy R. Linden, Richard S. Moskowitz, Harry M. Ng, and Michele M. Schoeppe entered appearances. Before: SRINIVASAN, Chief Judge, ROGERS and WALKER, Circuit Judges. Opinion for the Court by Circuit Judge ROGERS. Dissenting Opinion by Circuit Judge WALKER. ROGERS, Circuit Judge: This petition for review concerns the rule promulgated by the Environmental Protection Agency (“EPA”) upon remand in response to New York v. EPA, 413 F.3d 3 (D.C. Cir. 2005). There, states, environmental organizations, and industrial entities challenged the revision of the Clean Air Act’s new source review (“NSR”) program for preconstruction permitting of stationary sources of air pollution. This court held that “EPA acted arbitrarily and capriciously in determining that sources making changes need not keep records of their emissions if they see no reasonable possibility that these changes constitute modifications for NSR purposes,” id. at 11, and remanded for EPA “either to provide an acceptable explanation for its ‘reasonable possibility’ standard or to devise an appropriately supported alternative,” id. at 35–36. The State of New Jersey petitions for review on 3 the grounds that the rule promulgated by EPA on remand adopts an arbitrary percent trigger and inadequately accounts for NSR enforcement. Concluding that challenges to the State’s Article III standing lack merit, we deny the petition on the merits because the record confirms that EPA engaged in reasoned decisionmaking. I. Under the Clean Air Act (“Act”), “air pollution prevention . . . and air pollution control at its source is the primary responsibility of States and local governments.” 42 U.S.C. § 7401(a)(3); see also id. § 7407(a); Util. Air Regulatory Grp. v. EPA, 573 U.S. 302, 308 (2014). The Act, in fact, establishes “a joint state and federal program for regulating the nation’s air quality,” Nat’l Ass’n of Clean Air Agencies v. EPA, 489 F.3d 1221, 1224 (D.C. Cir. …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals