ELR Citation: ELR 20062
No(s). 03-70231 (9th Cir. Mar 23, 2005)

The Ninth Circuit held that the U.S. Environmental Protection Agency (EPA) did not act arbitrarily, capriciously, or contrary to law when it granted Nevada's request to split one of its clean air areas into two. Contrary to an environmental group's claim, the presence and operation of a mine in the area did not trigger the Clean Air Act's prevention of significant deterioration restrictions. Although it is a major source, the mine has never applied or been required to apply for a permit for new construction or a major modification. Consequently, EPA permissibly granted Nevada's request to redesignate.