Center for Biological Diversity v. EPA

On February 8, 2019, four environmental groups filed a petition for review in the Ninth Circuit Court of Appeals challenging EPA’s issuance of a Clean Air Act Prevention of Significant Deterioration (PSD) permit for the Palmdale Energy Project, a natural gas-fired power plant. In October 2018, the EPA Environmental Appeals Board rejected the groups’ administrative appeal of the permit, including the argument that EPA had erred by rejecting battery storage (in lieu of duct burners) as a best available control technology (BACT).