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Sierra Club v. United States Environmental Protection Agency

ELR Citation: 50 ELR 20206
Nos. 19-2562, (3d Cir., 08/27/2020)

The Third Circuit granted a petition to review EPA's approval of Pennsylvania's proposed NAAQS for ozone. An environmental group argued the standards wrongly claimed to reduce pollution output at the state's most advanced coal-burning power plants while "simply rubberstamping an average of current pollution output as its supposed new gold standard," and that they lacked enforceable reporting regulations. The court found that the Agency's approval was supported neither by adequate facts nor by reasoning found in the administrative record, and thus that it was arbitrary and capricious. It therefore granted the petition for review and remanded to EPA with instructions that it develop enforceable pollution controls in accordance with its legal obligations.