Legal Opinion

US Magnesium, LLC v. United States Environmental Protection Agency

Court of Appeals for the Tenth Circuit

Decided August 6, 2012No. 11-9533PublishedCited by 31 opinions

1Opinion of the Court

BRISCOE, Chief Judge.

US Magnesium seeks review of a recent final rule from the United States Environmental Protection Agency (EPA). In its rule, the EPA has called for Utah to revise its State Implementation Plan (SIP) for the federal Clean Air Act (CAA). Under the CAA, the EPA may call for a state to revise its SIP (a SIP Call) if the EPA finds the state’s current SIP substantially inadequate. Here, the EPA determined that Utah’s SIP was substantially inadequate because it contains an Unavoidable Breakdown Rule (UBR), which permits operators of CAA-regulated facilities to avoid enforcement…

2Cases cited20 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Pennell v. City of San JoseSupreme Court of the United States · 1988
  4. US Ecology, Inc. v. United States Department of the InteriorCourt of Appeals for the D.C. Circuit · 2000
  5. Utah v. EvansSupreme Court of the United States · 2002

15 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Sierra Club v. MoserSupreme Court of Kansas · 2013
  2. Utah Physic. for Healthy Env't v. Diesel Power GearCourt of Appeals for the Tenth Circuit · 2021
  3. Oklahoma v. United States Environmental Protection AgencyCourt of Appeals for the Tenth Circuit · 2013
  4. Wildearth Guardians v. United States Environmental Protection AgencyCourt of Appeals for the Tenth Circuit · 2014
  5. Jake's Fireworks v. Department of LaborCourt of Appeals for the Tenth Circuit · 2018

26 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API