• Unintended Consequences and the Clean Air Act
  • May 18, 2017 | Author: Richard E. Stultz
  • Law Firm: Morris Polich & Purdy LLP - Los Angeles Office
  • In a March 20, 2017 decision the Ninth Circuit Court of Appeals upheld the United States Environmental Protection Agency (EPA)’s Federal Implementation Plan (FIP) under the Clean Air Act (CAA) for the coal-fired Navajo Generating Station (the Station) near Page, Arizona. Hopi Tribe v U.S. Environmental Protection Agency (9th Cir. 2017) 2017 WL 1046116. In August 2014, after approximately five years of evaluation, the EPA issued its FIP. The Hopi Tribe (the Tribe) petitioned for review of the FIP arguing that it was not adequately consulted about its interests before the FIP was promulgated. The Tribe specifically objected to the proposed closure of the Station in 2044.