Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency
638 F.3d 1183
| 9th Cir. | 2011Background
- EPA regulates PM2.5 under the Clean Air Act; California submitted a SIP with motor vehicle emissions budgets for 2009 and 2012.
- EPA found the SIP-based budgets inadequate for attainment but baseline budgets adequate for conformity purposes, triggering conformity determinations.
- Petitioners challenged EPA's adequacy determination under 42 U.S.C. § 7607(b)(1), arguing the agency failed to consider attainment data and misread conformity/PM-2.5 rules.
- EPA maintained that milestone budgets require only reasonable further progress, not attainment data, for adequacy determinations.
- The Ninth Circuit applied the APA standard, reviewing for arbitrariness or contrary to law, and upheld EPA's interpretation.
- The court denied the petition, sustaining EPA's adequacy finding for the milestone-year budgets.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether EPA properly construed the conformity rule for milestone-year budgets | NRDC argued EPA must consider attainment data when reviewing milestones | EPA argued milestone budgets require reasonable further progress, not attainment data | EPA's interpretation upheld; budgets align with reasonable further progress. |
| Whether PM-2.5 implementation rules require EPA to consider attainment data for adequacy | NRDC contends rules compel consideration of attainment data in adequacy findings | EPA contends rules do not mandate attainment data in adequacy determinations for milestone budgets | EPA's reading is reasonable; no requirement to consider attainment data for milestone budgets. |
Key Cases Cited
- Vigil v. Leavitt, 381 F.3d 826 (9th Cir. 2004) (APA standard of review for agency actions)
- Thomas Jefferson Univ. v. Shalala, 512 U.S. 504 (S. Ct. 1994) (deference to agency interpretations of regulations)
- Envtl. Def., Fund v. EPA, 467 F.3d 1329 (D.C. Cir. 2006) (timing and scope of standing and adequacy challenges to conformity rules)
- NRDC v. EPA, 526 F.3d 591 (9th Cir. 2008) (arbitrary and capricious standard in SIP/conformity context)