Sierra Club v. Envtl. Protection Agency

In 2011, the Environmental Protection Agency determined that the Cincinnati-Hamilton metropolitan area had attained national air quality standards for particulate matter (Clean Air Act, 42 U.S.C. 7409), largely because of regional cap-and-trade programs that had reduced the flow of interstate pollution. EPA redesignated the area to “attainment” status even though the three states that administer its pollution controls had never implemented particular provisions, known as “reasonably available control measures” (RACM) applicable to nonattainment areas. Sierra Club challenged both actions. The Sixth Circuit vacated redesignation of the Ohio and Indiana portions of the Cincinnati area, first holding that the Club had standing. A State seeking redesignation “shall provide for the implementation” of RACM/RACT, even if those measures are not strictly necessary to demonstrate attainment, 42 U.S.C. 7502(c)(1). If the state has not done so, EPA cannot fully approve the area’s SIP, and redesignation to attainment status is improper. View "Sierra Club v. Envtl. Protection Agency" on Justia Law