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BCCA Appeal Group v. United States Environmental Protection Agency

355 F.3d 817 (2003)

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BCCA Appeal Group v. United States Environmental Protection Agency

United States Court of Appeals for the Fifth Circuit
355 F.3d 817 (2003)

Facts

The State of Texas adopted an attainment demonstration state implementation plan (SIP) for the Houston-Galveston area in order to comply with the ozone standards required by the Clean Air Act (CAA). The SIP consisted of two parts: (1) an attainment demonstration based on photochemical grid modeling as required by the CAA; and (2) additional control strategies for achieving the emissions reductions needed for attainment. These additional control measures included an enforceable commitment to adopt additional ozone controls, the Texas Emissions Reduction Plan (TERP), which provides financial incentives to entities to purchase cleaner diesel technology, and participation in the Environmental Protection Agency’s Voluntary Mobile Emission Reduction Program (VMEP). The Environmental Protection Agency (EPA) (defendant) evaluated the state’s modeling and analysis and approved the SIP. The BCCA Appeal Group (BCCA) and Brazoria County challenged the EPA’s approval of the SIP.

Rule of Law

Issue

Holding and Reasoning (Restani, J.)

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Casebooks

Environmental Law

Key Terms