The US Court of Appeals for the Tenth Circuit has remanded Colorado’s air quality plan to the Environmental Protection Agency (EPA). The court found that the plan failed to account for emissions from drilling, fracking, and well completion. This decision mandates that Colorado submit permits aligning with national air quality standards, encompassing regulations for stationary sources of pollutants, such as those from drilling and fracking activities.
The Tenth Circuit’s opinion highlighted a perceived oversight in the EPA’s evaluation process, noting that the agency had assumed the provision regarding stationary sources was not substantive. As such, it did not independently assess it. The court found this approach to be arbitrary and capricious under the Administrative Procedure Act, resulting in an unlawful decision necessitating remand to the EPA.
While Colorado argued that the revised definition of pollutants had not altered the method for calculating potential emissions, the court rejected this stance. It stressed the need for an independent evaluation of the provision. The Center for Biological Diversity, a non-profit environmental group, supported the plan’s update but did not take a position on the specific provisions, ensuring that their objections to the rulemaking process would remain intact.
This case arises amid broader federal regulatory changes. In March, the EPA engaged in significant deregulation efforts, aligning with former President Donald Trump’s pledges to enhance state power. These regulatory shifts continue to prompt legal scrutiny, as evidenced by the Supreme Court’s recent consideration of a California fuel emissions case.
For further exploration of the Tenth Circuit’s decision and its implications for Colorado’s environmental regulations, visit the original report by JURIST.