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Independent Equip. Dealers Ass'n v. EPA

ELR Citation: 34 ELR 20036
Nos. No. 03-1020, (D.C. Cir., 06/25/2004)

The D.C. Circuit held that EPA's letter to a trade association reiterating its earlier position on emissions labeling of nonroad engines did not constitute a reviewable agency action and, thus, the court dismissed the case for lack of jurisdiction under CAA §307(d). In its letter, EPA stated that manufacturers could produce engines not covered by an EPA certificate of conformity since they would be sold outside the United States, even though the engines were physically identical to certified engines. The trade association understood this destination-specific labeling to promulgate a new regulation, thereby violating 40 C.F.R. pt. 89 because there was no notice-and-comment period held. Since the letter did not reflect any change in the regulations or in EPA's interpretation of those regulations, there was no reviewable agency action and, thus, the court had no jurisdiction to hear the case.