Summary
This Tenth Circuit opinion reviews the Environmental Protection Agency's partial approval of Colorado's State Implementation Plan to reduce ozone pollution under the Clean Air Act. Petitioners challenged the approval on grounds that it violated statutory deadlines, improperly credited non-federally enforceable emissions reductions, and triggered anti-backsliding concerns. The court denied the petition, holding that the EPA permissibly approved the plan's reasonable-further-progress components and motor-vehicle-emissions budget without requiring full attainment by the original deadline, and found no violation of the anti-backsliding provision.
Topics
Practice areas
Questions Presented
- Whether the EPA may lawfully approve a reasonable‑further‑progress demonstration after a state has missed its ozone attainment deadline.
- Whether the EPA may lawfully approve a motor‑vehicle‑emissions budget that does not itself ensure attainment.
- Whether the EPA’s approvals violate the Clean Air Act’s anti‑backsliding provision, 42 U.S.C. § 7410(l).
Holdings
- The EPA’s approval of Colorado’s reasonable‑further‑progress demonstration was lawful because the reasonable‑further‑progress requirement is distinct from the attainment requirement and does not require the demonstration to guarantee attainment.
- The EPA’s approval of the 2020 motor‑vehicle‑emissions budget was lawful because the budget need only be consistent with reasonable‑further‑progress requirements, not with attainment, when the year is also a reasonable‑further‑progress milestone.
- The EPA’s approvals did not violate the anti‑backsliding provision because the SIP revisions do not increase emissions and therefore do not interfere with any applicable Clean Air Act requirement.
Key quotations
“The EPA may approve lower annual reductions if it determines that the SIP “includes all [emissions‑reducing] measures that can feasibly be implemented in the area, in light of technological availability.” Id. § 7511a(c)(2)(B)(ii).” (at 8)
“The term “reasonable further progress” means such annual incremental reductions in emissions of the relevant air pollutant as are required by [part D of Title I of the Clean Air Act] or may reasonably be required by the [EPA] for the purpose of ensuring attainment of the applicable [NAAQS] by the applicable date. 42 U.S.C. § 7501(1) (emphasis added).” (at 9)
Factual background
The EPA partially approved Colorado's serious‑area State Implementation Plan, including a reasonable‑further‑progress demonstration and a 2020 motor‑vehicle‑emissions budget, after Colorado failed to attain the 2008 ozone NAAQS by the July 2021 deadline, leading to a reclassification of the Denver area to severe nonattainment.
Procedural history
EPA approved Colorado's reasonable‑further‑progress demonstration and motor‑vehicle‑emissions budget after the state missed its 2021 ozone attainment deadline; petitioners filed a petition for review; Colorado intervened in support of EPA; the Tenth Circuit considered the challenges.