THIS CASEBOOK contains a selection of 195 U. S. Court of Appeals decisions that analyze, discuss and interpret provisions of the Clean Air Act. The selection of decisions spans from 2005 to the date of publication.
The Clean Air Act directs states to achieve and maintain air quality standards set by the EPA. Each state must adopt a state implementation plan (SIP) for meeting these goals, subject to EPA approval. See 42 U.S.C. §§ 7407(a), 7410(a), 7410(k). In "attainment" areas, where air quality is already up to standards, see id. § 7407(d)(1)(A)(ii), SIPs must comply with the federal Prevention of Significant Deterioration (PSD) program, see id. §§ 7470-7492. The purpose of this program is to protect air quality from significant deterioration caused by new emissions. See id. § 7470. To further that aim, the PSD program provides that a "major emitting facility" cannot be constructed or modified without a permit that sets emission limitations. Id. § 7475(a)(1); see also id. § 7479(2)(c) (defining "construction" to include "the modification . . . of any source or facility"). [Footnotes omitted.] Sierra Club v. Oklahoma Gas And Elec. Co., 816 F. 3d 666 (10th Cir. 2016).
The Clean Air Act, 42 U.S.C. §§ 7401 et seq., requires EPA to publish a list of air pollutants that "may reasonably be anticipated to endanger public health or welfare." Id. § 7408(a)(1)(A). For each pollutant, EPA must promulgate national ambient air quality standards (NAAQS). See id. § 7409. Wildearth Guardians v. Environmental Protection Agency, (DC Cir. 2016).
"Once EPA establishes NAAQS for a particular pollutant, the standards become the centerpiece of a complex statutory regime aimed at reducing the pollutant's atmospheric concentration." Am. Trucking Ass'ns, Inc. v. EPA, 283 F.3d 355, 358-59 (D.C. Cir. 2002). EPA designates areas of the country as "attainment," "nonattainment," or "unclassifiable," based on whether the region's atmospheric concentration of the pollutant falls below the level permitted by the NAAQS—in other words, whether the region has "attained" compliance with the standards. 42 U.S.C. § 7407(d)(1). Each state must then devise and submit to EPA a state implementation plan (SIP) that explains how any nonattainment areas will attain the standards. Id. § 7410(a)(1). Wildearth Guardians v. Environmental Protection Agency, ibid.
EPA first regulated particulate matter in the original set of NAAQS promulgated in 1971. See National Primary and Secondary Ambient Air Quality Standards, 36 Fed. Reg. 8186 (Apr. 30, 1971). Particulate matter refers to a mixture of liquid droplets and extremely small solids, which can be made up of various components including acids, chemicals, metals, soil, or dust. Particles can enter deep into the lungs and cause serious health problems. In 1987, EPA, recognizing that the size of particles directly affects the health risk, revised the particulate matter standard to include only "particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers." Revisions to the NAAQS for Particulate Matter, 52 Fed. Reg. 24,634, 24,633-34 (July 1, 1987). Such particles are referred to as "PM10." Wildearth Guardians v. Environmental Protection Agency, ibid.
In 1990, Congress enacted the Clean Air Act Amendments. See Pub. L. No. 101-549, 104 Stat. 2399. The Amendments revised the procedures for implementing NAAQS. The new Part D established five Subparts, each of which sets out a different framework of deadlines and requirements. Whereas Subparts 2 through 5 each pertain to a particular pollutant, Subpart 1 serves as a catch-all category, establishing the requirements for all remaining pollutants. Subpart 4 specifically governs particulate matter. See 42 U.S.C. §§ 7513-7513b. Because PM10 was the only kind of particulate matter regulated by EPA at the time of the Amendments, Subpart 4 expressly referred to PM10. Id. Wildearth Guardians v. Environmental Protection Agency, ibid.
The Clean Air Act directs states to achieve and maintain air quality standards set by the EPA. Each state must adopt a state implementation plan (SIP) for meeting these goals, subject to EPA approval. See 42 U.S.C. §§ 7407(a), 7410(a), 7410(k). In "attainment" areas, where air quality is already up to standards, see id. § 7407(d)(1)(A)(ii), SIPs must comply with the federal Prevention of Significant Deterioration (PSD) program, see id. §§ 7470-7492. The purpose of this program is to protect air quality from significant deterioration caused by new emissions. See id. § 7470. To further that aim, the PSD program provides that a "major emitting facility" cannot be constructed or modified without a permit that sets emission limitations. Id. § 7475(a)(1); see also id. § 7479(2)(c) (defining "construction" to include "the modification . . . of any source or facility"). [Footnotes omitted.] Sierra Club v. Oklahoma Gas And Elec. Co., 816 F. 3d 666 (10th Cir. 2016).
The Clean Air Act, 42 U.S.C. §§ 7401 et seq., requires EPA to publish a list of air pollutants that "may reasonably be anticipated to endanger public health or welfare." Id. § 7408(a)(1)(A). For each pollutant, EPA must promulgate national ambient air quality standards (NAAQS). See id. § 7409. Wildearth Guardians v. Environmental Protection Agency, (DC Cir. 2016).
"Once EPA establishes NAAQS for a particular pollutant, the standards become the centerpiece of a complex statutory regime aimed at reducing the pollutant's atmospheric concentration." Am. Trucking Ass'ns, Inc. v. EPA, 283 F.3d 355, 358-59 (D.C. Cir. 2002). EPA designates areas of the country as "attainment," "nonattainment," or "unclassifiable," based on whether the region's atmospheric concentration of the pollutant falls below the level permitted by the NAAQS—in other words, whether the region has "attained" compliance with the standards. 42 U.S.C. § 7407(d)(1). Each state must then devise and submit to EPA a state implementation plan (SIP) that explains how any nonattainment areas will attain the standards. Id. § 7410(a)(1). Wildearth Guardians v. Environmental Protection Agency, ibid.
EPA first regulated particulate matter in the original set of NAAQS promulgated in 1971. See National Primary and Secondary Ambient Air Quality Standards, 36 Fed. Reg. 8186 (Apr. 30, 1971). Particulate matter refers to a mixture of liquid droplets and extremely small solids, which can be made up of various components including acids, chemicals, metals, soil, or dust. Particles can enter deep into the lungs and cause serious health problems. In 1987, EPA, recognizing that the size of particles directly affects the health risk, revised the particulate matter standard to include only "particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers." Revisions to the NAAQS for Particulate Matter, 52 Fed. Reg. 24,634, 24,633-34 (July 1, 1987). Such particles are referred to as "PM10." Wildearth Guardians v. Environmental Protection Agency, ibid.
In 1990, Congress enacted the Clean Air Act Amendments. See Pub. L. No. 101-549, 104 Stat. 2399. The Amendments revised the procedures for implementing NAAQS. The new Part D established five Subparts, each of which sets out a different framework of deadlines and requirements. Whereas Subparts 2 through 5 each pertain to a particular pollutant, Subpart 1 serves as a catch-all category, establishing the requirements for all remaining pollutants. Subpart 4 specifically governs particulate matter. See 42 U.S.C. §§ 7513-7513b. Because PM10 was the only kind of particulate matter regulated by EPA at the time of the Amendments, Subpart 4 expressly referred to PM10. Id. Wildearth Guardians v. Environmental Protection Agency, ibid.
