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Masias v. Environmental Protection Agency

ELR Citation: 48 ELR 20180
Nos. 16-1314, (D.C. Cir., 10/19/2018)

The D.C. Circuit denied two petitions to review EPA attainment designations for the 2010 sulfur dioxide NAAQS. An environmental group argued that the Agency should have designated Gallia County, Ohio, as a nonattainment area rather than an unclassifiable area because air quality modeling data submitted by the state demonstrated nonattainment. The court found that the group's claim was based entirely on modeling the Agency received after the public comment period closed, and thus could not be considered. Residents of Colorado Springs, Colorado similarly argued that the Agency improperly designated the area as unclassifiable because the Agency received modeling purporting to show the area in nonattainment during the public comment period. But the court concluded that the Agency reasonably applied its modeling guidelines in opting to reject the data it received. The court therefore denied both petitions for review.