ELR Citation: 51 ELR 20165
No(s). 19-71223 (9th Cir. Aug 26, 2021)

The Ninth Circuit granted in part and denied in part a petition to review EPA's final rule approving California's SIP for meeting the air quality standard for ozone in the San Joaquin Valley. An environmental group argued the SIP's contingency measure was inadequate because it provided only a nominal emissions reduction of one ton per day. The court found that EPA did not provide a reasoned explanation for approving a contingency measure that set a far lower emissions reduction than the Agency had previously recommended, and thus that the rule was arbitrary and capricious. The group also challenged EPA's approval of the state's enhanced enforcement activities program, but the court held that the CAA did not prohibit the state from pursuing the program because it did not create any emission limitation less stringent than than one in effect in the SIP. It granted the petition in part, denied it in part, and remanded.