Tuesday, March 15, 2016

National Parks Conservation v. EPA

<> National Parks Conservation  v.  EPA - 3/14/16. In the U.S. Court of Appeals, Eighth Circuit, Case Nos: 12-2910 & 12-3481. Petitions challenging the EPA's approval of the Minnesota Regional Haze State Implementation Plan denied; the EPA's explanation that the "Transport Rule" is better than source-specific "Best Available Retrofit Technology (BART)" had a rational basis and its reliance on the Transport Rule was not arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law; the EPA did not err in approving the reasonable progress goals in Minnesota's Plan as it was acting rationally within its sphere of expertise in approving the goals. There was a separate concurring opinion in the result.