EPA’s judicial winning streak continues. Today, the D.C. Circuit Court of Appeals affirmed EPA’s regulations lowering the PM 2.5 National Ambient Air Quality Standard from 15.0 ug/m3 to 12.0 ug/m3. This was not a close case...more
On Tuesday, in Mississippi v. EPA, the Court of Appeals for the D.C. Circuit affirmed EPA’s 2008 NAAQS for ozone of 0.075 ppm. However, it remanded EPA’s decision to set the secondary NAAQS, for public welfare, at the same...more
On Friday, in GenOn REMA v. EPA, the 3rd Circuit Court of Appeals ruled that, in response to a petition from a downwind state under § 126 of the Clean Air Act, EPA may issue a rule imposing emission limits on a source in the...more
On Friday, the Court of Appeals for the District of Columbia Circuit rejected EPA’s approach to implementation of the PM2.5 NAAQS. The fine particulate NAAQS was first published in 1997, and EPA issued implementation rules...more
On Friday, EPA announced promulgation of its revised fine particulate, or PM2.5, NAAQS. Why am I yawning? Let me count the ways...more