Center for Biological Diversity v. EPA

Several environmental groups filed a lawsuit against EPA, challenging an agency rule exempting facilities burning biomass from the requirement to obtain greenhouse gas emissions permits for three years. The lawsuit alleged that the exemption will encourage development of more facilities burning wood and grasses without having to control greenhouse gas emissions. The rule exempted facilities that burn wood, various crop residues, grass, and other biomass from the requirement to obtain Prevention of Significant Deterioration permits and Title V operating permits under the Clean Air Act. EPA granted the deferral in response to a petition by the National Alliance of Forest Owners (NAFO). According to the agency, the additional three years will allow it to conduct further studies of greenhouse gas emissions from biomass. A similar lawsuit was filed in April 2011 challenging the agency’s decision to grant the petition from NAFO.