Summary
On remand from the Supreme Court, the Ninth Circuit granted San Francisco's petition for review of an EPA permit. The court vacated Section I.I.1 of Attachment G and Section V of the challenged permit and remanded the matter to EPA for further proceedings consistent with the Supreme Court's opinion.
Topics
Practice areas
Questions Presented
- What disposition was required on remand from the Supreme Court after it reversed the Ninth Circuit's judgment denying the City's petition for review?
Holdings
- Consistent with the Supreme Court's judgment, the Ninth Circuit granted the petition for review, vacated Section I.I.1 of Attachment G and Section V of the challenged permit, and remanded the matter to the Environmental Protection Agency for further proceedings consistent with the Supreme Court's opinion.
Key quotations
“In accordance with the judgment of the Supreme Court, the petition for review is granted, Section I.I.1 of Attachment G and Section V of the challenged permit are vacated, and the matter is remanded to the Environmental Protection Agency for further proceedings consistent with the opinion of the Supreme Court.” (at 3)
Factual background
The City and County of San Francisco challenged provisions of an EPA permit, specifically Section I.I.1 of Attachment G and Section V. The Ninth Circuit previously denied the City's petition for review. The Supreme Court reversed that judgment and directed further proceedings consistent with its opinion.
Procedural history
The City petitioned the Ninth Circuit for review of an EPA permit. The Ninth Circuit previously denied the petition. The Supreme Court reversed that judgment and remanded the matter to the Ninth Circuit, which granted the petition, vacated specified permit provisions, and remanded to EPA.
Remand instructions
The Environmental Protection Agency must conduct further proceedings consistent with the opinion of the United States Supreme Court.