Case Summary Citation
Helping Hand Tools v. United States Environmental Protection Agency, 836 F.3d 999 (9th Cir. 2016)
Abstract
When the EPA decided to treat biomass fuel sources differently within the BACT analysis, the Ninth Circuit continued Chevron’s legacy and granted the agency deference. The Bioenergy BACT may develop as science continues to evolve, but because the EPA took a “hard look” during a thorough permit review, the court held that agency issuance of new BACT guidelines was reasonable.