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Sierra Club v. Environmental Protection Agency

ELR Citation: 49 ELR 20094
Nos. 16-1158, (D.C. Cir., 05/31/2019)

The D.C. Circuit dismissed in part and denied in part a petition to review EPA's 2016 revisions to its ambient air quality monitoring system regulations. An environmental group argued that the revisions violated the CAA by not requiring states to give advance notice and hold a public hearing when making changes to their monitoring network plans, as was required when states submitted SIPs. The court found that EPA had not subjected monitoring plans to the stricter SIP review since 2006, and thus that the group's opportunity to challenge the Agency's review of monitoring plans had long passed. The group also challenged EPA's revisions to quality assurance requirements for the PSD permitting program, arguing the Agency failed to respond to concerns raised during the public comment period and thus rendered its final decision arbitrary and capricious. But the court found that EPA's explanations for the revisions plainly addressed these concerns. It therefore dismissed in part and denied in part the group's petition for review.