Earlier this week, the 10th Circuit Court of Appeals vacated EPA's disapproval of Montana's regional haze plan for the PacifiCorp's Wyodak power plant.
Earlier this week, the 10th Circuit Court of Appeals vacated EPA’s disapproval of Montana’s regional haze plan for the PacifiCorp’s Wyodak power plant. The basis for the disapproval.
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January 7, 2021
On Jan. 4, the U.S. Environmental Protection Agency (EPA) published two notices in the Federal Register regarding proposed consent decrees to resolve separate cases brought by United Refining Co. and co-petitioners the State of Wyoming and PacifiCorp. The agency is now soliciting public comment regarding the proposed consent decree and settlement agreement.
The EPA explained that in United Refining Co.’s lawsuit, the plaintiff filed a petition with the agency seeking a small refinery exemption from its 2019 Renewable Fuel Standard (RFS) obligations pursuant to the Clean Air Act (CAA). United Refining then filed suit on Jul. 20, 2020, compelling agency action because the EPA had not yet issued a decision on its petition. The proposed consent decree would resolve the dispute by creating a mid-February deadline by which the EPA must act on the plaintiff’s request.