On October 28, 2013, Earthjustice (on behalf of the National Parks Conservation Association and Sierra Club) filed a petition for judicial review in the U.S. Court of Appeals for the Eleventh challenging the U.S. Environmental Protection Agency’s (EPA) final full approval of Florida’s Regional Haze State Implementation Plan (SIP). National Parks Conservation Association v. EPA, 11th Cir. Case No. 13-14977 (filed Oct. 28, 2013). As previously reported by HGS, EPA’s final full approval covered a number of source-specific best available retrofit technology (BART) and reasonable progress determinations along with other aspects of the SIP. 78 Fed. Reg. 53,250 (Aug. 29, 2013). While it is currently unclear exactly what issues Earthjustice plans to raise for juridical review, it seems likely the challenge will encompass a variety of issues based on the public comments the National Parks Conservation Association and Sierra Club submitted on EPA’s proposal. The deadline for any potentially affected parties to file for intervention is November 27, 2013.
For additional information contact Joseph Brown.