FLAGSTAFF, Ariz. (AP) — A complaint that sought to overturn the final rule for haze-causing nitrogen oxide emissions at an Arizona power plant has been dismissed.
Environmentalists on the Navajo Nation had alleged in the October 2015 lawsuit that a federal advisory group met in secret to craft a pollution control plan for the coal-fired Navajo Generating Station. The environmentalists say the public was denied an opportunity to participate in the talks.
The U.S. Environmental Protection Agency adopted an alternative proposal by the advisory group that gives the power plant owners more time to implement pollution controls and cuts emissions beyond the original EPA proposal.
The U.S. District Court in northern California dismissed the complaint this week, saying it lacks jurisdiction.
The court says petitions for review of EPA action belong at federal appeals courts.