Court Vacates EPA Disapproval of State Rule Providing Exemption From Opacity Limits

摘要

In a March 6, 2013 decision, the U.S. Court of Appeals for the Eleventh Circuit vacated EPA's 2011 disapproval of a state regulation providing an exemption from opacity limits (Alabama Power Co. v. EPA, No. 11-11549 [11th Cir. Mar. 6, 2013]). Because EPA had failed to make the statutorily required error determination, the court found that the disapproval was not authorized by the CAA, EPA's inherent authority, or the court. In the decision, the court also affirmed the validity of the agency's 2008 approval of a related state implementation plan (SIP) revision request.