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Environmental Defense v. EPA

ELR Citation: 37 ELR 20307
Nos. No. 06-1164, (D.C. Cir., 12/11/2007)

The D.C. Circuit granted in part environmental groups' petition for review of a final rule promulgated by the U.S. Environmental Protection Agency (EPA) to regulate "hot spot" analyses undertaken as part of the State Implementation Plan for National Ambient Air Quality Standards transportation project conformity determinations. Where the term "any area" is interpreted by EPA to mean "a local area" in two sections (§176(c)(1)(B)(i) and (B)(ii)) of the Clean Air Act, it is arbitrary and capricious not to define the term similarly in a third related section (§176(c)(1)(B)(iii)) or to explain why it need not do so.