California Communities Against Toxics v. United States Environmental Protection Agency
2012 U.S. App. LEXIS 15428
9th Cir.2012Background
- EPA approved the South Coast Air Quality Management District's revision to its state implementation plan to transfer credits to Sentinel under AB 1318; the District regulates emissions in the South Coast and Riverside portions of the Salton Sea Basin.
- Petitioners California Communities Against Toxics and Communities for a Better Environment challenge the EPA's final rule, raising procedural and substantive objections.
- EPA voluntarily sought remand to reconsider its action due to flawed reasoning and to revisit credit calculations.
- The court applies the arbitrary-and-capricious standard under 5 U.S.C. § 706(2)(A) to review the EPA's action and grants remand.
- The court weighs whether to vacate the rule, but ultimately remands without vacatur to allow Sentinel's construction to proceed while preserving air quality protections.
- The remand does not authorize immediate operation of Sentinel without a new EPA rule.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether EPA's final rule is arbitrary and capricious | Petitioners argue EPA's reasoning was flawed | EPA contends the rule has adequate justification despite identified flaws | Final rule invalid; remand ordered |
| Whether procedural docket deficiencies require vacatur | Petitioners claim notice deficiencies violated APA requirements | EPA's disclosures, though imperfect, were harmless | Procedural error deemed harmless; no vacatur |
| Whether remand without vacatur is appropriate to avoid disrupting Sentinel | Vacatur safeguards environmental interests | Remand preserves power supply and avoids delay | Remand without vacatur appropriate |
Key Cases Cited
- SKF USA Inc. v. United States, 254 F.3d 1022 (Fed. Cir. 2001) (agency remand not frivolous or in bad faith when merits discussed)
- Idaho Farm Bureau Fed’n v. Babbitt, 58 F.3d 1392 (9th Cir. 1995) (vacatur not always required when equity demands)
- Western Oil & Gas Ass’n v. EPA, 633 F.2d 803 (9th Cir. 1980) (vacatur not always necessary to permit continued operation)
- Safe Air for Everyone v. EPA, 488 F.3d 1088 (9th Cir. 2007) (limits review to agency's reasoning actually relied upon)
- Chenery Corp. v. SEC, 318 U.S. 80 (Supreme Court 1943) (courts review agency's decision based on agency's reasoning)
- Lutheran Church-Missouri Synod v. FCC, 141 F.3d 344 (D.C. Cir. 1998) (rejects avoidance of review to dodge judicial scrutiny)
- Sw. Bell Tel. Co. v. FCC, 10 F.3d 892 (D.C. Cir. 1993) (frivolous remand not warranted; bad faith avoidance of review)
- Allied-Signal, Inc. v. U.S. Nuclear Regulatory Comm’n, 988 F.2d 146 (D.C. Cir. 1993) (factors for determining consequences of interim changes)
- Safe Air for Everyone v. EPA, 488 F.3d 1088 (9th Cir. 2007) (agency relied on flawed reasoning; remand permissible)