ELR Citation: ELR 20043
No(s). 07-4485 (6th Cir. Feb 26, 2009)

The Sixth Circuit denied a petition for review of the U.S. Environmental Protection Agency's (EPA's) decision not to object to a power plant's air pollution permit. Clean Air Act (CAA) §505(b)(2) requires EPA to object to an air pollution permit if any person "demonstrates" to the Agency that the permit "is not in compliance" with the Act. In 2006, an environmental group petitioned EPA to object to a permit issued to a power plant in Kentucky. It claimed that it had demonstrated non-compliance because EPA issued a notice of violation to the plant in 2003 and had filed a federal court complaint against the plant in 2004. EPA's decision not to object was reasonable. CAA §505(b)(2) allows EPA to alter its position about a power plant's compliance with the CAA based on intervening events. Because the group failed to challenge the impact of these intervening events on the power plant’s compliance with the Act, the petition for review was denied.