Jump to Navigation
Jump to Content

WildEarth Guardians v. Environmental Protection Agency

ELR Citation: 46 ELR 20130
Nos. 14-1145, (D.C. Cir., 07/29/2016)

The D.C. Circuit upheld EPA's compliance deadlines for states to meet the NAAQS for fine particulate matter (PM2.5). The court previously had ruled that the framework EPA had been applying to PM2.5 was incorrect, and ordered the Agency to apply a stricter statutory framework. EPA then promulgated the implementation rule at issue here. But during the time EPA had been applying the incorrect statutory framework, some of the stricter compliance deadlines that would have applied under the correct statutory framework had already elapsed. EPA therefore made certain adjustments to those deadlines in the new rule in an effort to avoid treating states as having already missed deadlines of which they were never aware. An environmental group argued that EPA lacked authority to adjust the deadlines. But given the novel circumstances presented here, EPA reasonably acted within its statutory authority in adopting new deadlines.