Earlier this month, the District of Columbia Court of Appeals vacated most of EPA’s startup, shutdown, and malfunction SIP Call. The Court’s rationale boils down to EPA’s failure to make a predicate finding that the SIP call was “necessary or appropriate to meet the [CAA’s] applicable requirements.” Without plumbing the depths of the Clean Air Act’s intricacies, it will give some sense of the nuances of the Act that the Court reached this decision while at the same time rejecting the Petitioners’ argument that EPA:
must make factual findings about adverse effects resulting from the SIP’s deficiencies—for example,… More