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Crete Carriers Corp v. EPA

ELR Citation: 34 ELR 20025
Nos. No. 02-1089, (D.C. Cir., 04/09/2004)

The court holds that trucking companies lacked standing to challenge the U.S. Environmental Protection Agency's (EPA's) refusal to reconsider Clean Air Act emissions limits for 2004 for nitrous oxide and nonmethane hydrocarbon emissions from heavy heavy-duty diesel engines (HHDDE). The companies argued that the cost of complying with the limits would be almost six times EPA's estimate. However, they failed to establish how repealing the limits would affect the obligations of engine manufacturers who are bound by a consent decree that independently require them to meet the 2004 emissions limits as well as upcoming 2007 standards. A ruling favorable to the companies would have no effect on the prices they pay for tractors with HHDDE. Without more than "speculative and unsupported assumptions regarding the future actions of third-party market participants," the court dismissed the petition for lack of standing.

Counsel for Petitioners
David P. Novello
Freedman, Levy, Kroll & Simonds
1050 Connecticut Ave. NW, Ste. 825, Washington DC 20036
(202) 457-5151

Counsel for Respondents
Eileen T. McDonough
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000