ELR Citation: 52 ELR 20088
No(s). 20-5174 (D.C. Cir. Jul 26, 2022)

The D.C. Circuit vacated a district court's grant of summary judgment to EPA in a challenge to the Agency's approval of a permitting program for coal ash disposal facilities in Oklahoma. Environmental groups challenged EPA’s approval on several grounds under RCRA and the APA, and the district court granted summary judgment to the Agency on most of the claims. The appellate court, noting its independent obligation to consider groups’ standing, found a lack of standing to bring any of the claims raised on appeal. It found that the groups had failed to show how the relief sought in claims based on public participation deficiencies would redress their members’ alleged injuries; failed to demonstrate imminent injury in claiming EPA’s approval of a program allowing for “lifetime permits” conflicted with RCRA’s requirement that state permit programs maintain standards at least as protective as the federal regulations; and failed to demonstrate traceable and imminent injuries in connection with claims alleging EPA had not adequately responded to comments. It vacated the district court's judgment and remanded for dismissal.