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Delaware Department of Natural Resources & Environmental Control v. EPA

ELR Citation: 48 ELR 20116
Nos. 16-1230, (D.C. Cir., 07/10/2018)

The D.C. Circuit denied Delaware's petition to review EPA's decision granting the Philadelphia area an extra year to comply with national ground-level ozone standards. Delaware argued that the Agency's extension violated the CAA because not all four states in the Philadelphia area applied for an extension. But the court disagreed, finding that the text of the CAA unambiguously permitted the Agency to consider an application filed by fewer than all states in a multistate nonattainment area. The Agency did not violate the CAA in granting the extension because three states—Maryland, New Jersey, and Pennsylvania—filed applications to extend the Philadelphia area's attainment date. The application submitted by the three states gave the Agency statutory authority to grant the states' request, even though Delaware did not join in the application. The court therefore denied Delaware's petition for review.