10th Circuit: EPA’s Use Of Refinery Definition Was Arbitrary And Capricious

Mealey's (October 20, 2022, 8:54 AM EDT) -- DENVER — A 10th Circuit U.S. Court of Appeals panel vacated and remanded a U.S. Environmental Protection Agency decision in which the agency found that two Colorado refineries with integrated operations were actually one for the purposes of the Clean Air Act (CAA) because the EPA ignored the statutory definition of “facility” and applied its own arbitrary and capricious definition of “refinery,” but noted that the agency could come to the same result again using different methods....