Wildearth Guardians v. U.S. Environmental Protection Agency
759 F.3d 1064
| 9th Cir. | 2014Background
- WildEarth petitions review of EPA approval of Nevada's SIP for regional haze under the CAA.
- WildEarth argues Nevada's SIP is inadequate and EPA's approval was arbitrary and capricious; seeks FIP.
- Court examines standing to challenge SIP goals for Jarbridge Wilderness Area and SO2 BART for Reid Gardner.
- SIP includes reasonable progress goals for Jarbridge and SO2, NOx, PM limits; Reid Gardner BART relied on EPA Guidelines not mandatory for small plants.
- EPA proposed approval in 2011; final approval issued March 26, 2012; WildEarth filed timely petition.
- Court dismisses some claims for lack of standing and denies others on merits, upholding EPA's SIP approval in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge Jarbridge goals | WildEarth has standing via member injury from Jarbridge haze impacts. | No standing due to lack of causal link between Egan's injuries and Jarbridge goals. | Dismissed for lack of standing |
| Standing to challenge Reid Gardner SO2 BART | Egan injuries from Reid Gardner haze are traceable and redressable. | Standing established; plant affects parks visited by Egan; relief would redress injuries. | WildEarth has standing; merits review on BART |
| SIP documentation of BART factors | Nevada failed to document factor-by-factor analysis for Reid Gardner BART. | CH2M HILL analysis plus Nevada’s evaluation show the required factors were considered. | Not arbitrary; adequate documentation available; approval upheld |
| SIP compliance with § 7410(l) interference with NAAQS | EPA must expressively find no interference with NAAQS attainment/maintenance. | No showing SIP weakens controls; no required express finding necessary. | Argument unavailing; no § 7410(l) violation shown |
Key Cases Cited
- Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167 (2000) (standing requires injury and redressability)
- Wash. Envtl. Council v. Bellon, 732 F.3d 1131 (9th Cir. 2013) (organizational standing and germane interests)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (standing prerequisites)
- Summers v. Earth Island Inst., 555 U.S. 488 (2009) (standing and declarant-based grounds)
- Beno v. Shalala, 30 F.3d 1057 (9th Cir. 1994) (stating factors not substitute for considering them)
- United States v. Hays, 515 U.S. 737 (1995) (independent standing obligation)
- Ctr. for Biological Diversity v. U.S. Bureau of Land Mgmt., 698 F.3d 1101 (9th Cir. 2012) (arbitrary and capricious review framework)