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Mississippi Commission on Environmental Quality v. Environmental Protection Agency

ELR Citation: 45 ELR 20104
Nos. 12-1309, (D.C. Cir., 06/02/2015)

The D.C. Circuit denied petitions for review of EPA decisions regarding nonattainment designations under the 2008 ozone NAAQS. Several states, counties, industrial entities, and environmental organizations petitioned the court challenging EPA's determination that certain geographic areas are, or are not, in attainment with the NAAQS for ground-level ozone. Some argued that the CAA, as applied to them, violates various constitutional provisions; others argued that EPA misconstrued the terms of the Act. And virtually every petitioner argued that, for one reason or another, EPA acted arbitrarily and capriciously in making its final NAAQS designations. But the court denied the consolidated petitions for review in their entirety. Despite petitioners' various arguments to the contrary, EPA complied with the Constitution, reasonably interpreted the Act's critical terms, and wholly satisfied its obligation to engage in reasoned decisionmaking.