Legal Opinion
California Communities Against Toxics v. United States Environmental Protection Agency
Court of Appeals for the Ninth Circuit
Decided July 26, 2012No. 11-71127PublishedCited by 117 opinions
1Opinion of the Court
OPINION
2Per curiam
Two environmental groups petition for review of a final rulemaking by the EPA. The groups and the EPA agree this case should be remanded, so the only dispute is whether vacatur is appropriate.
Background
The Clean Air Act requires the EPA to set national ambient air quality standards for air pollutants. 42 U.S.C. § 7409. States are responsible for developing plans to implement those standards. § 7410(a)(1). The states’ plans, and any revisions, must be approved by the EPA. § 7410(k). As part of the plans, states must establish a permitting program for new polluters in areas that don’t…
3Cases cited6 opinions
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- Heckler v. ChaneySupreme Court of the United States · 1985
- SKF USA Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2001
- Lutheran Church-Missouri Synod v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1998
- Sacora v. ThomasCourt of Appeals for the Ninth Circuit · 2010
1 more not listed; retrieve them via the Exa API.
4Cited by117 opinions
- Pollinator Stewardship Council v. U.S. Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2015
- Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of EngineersCourt of Appeals for the Eleventh Circuit · 2015
- National Family Farm Coalition v. UsepaCourt of Appeals for the Ninth Circuit · 2020
- Standing Rock Sioux Tribe v. U.S. Army Corps of Eng'rsCourt of Appeals for the D.C. Circuit · 2017
- Flint Wood v. Sylvia BurwellCourt of Appeals for the Ninth Circuit · 2016
112 more not listed; retrieve them via the Exa API.