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National ambient air quality standards (NAAQS), §109

Mississippi v. Environmental Protection Agency

The D.C. Circuit remanded for reconsideration EPA's revisions to the secondary, welfare-based NAAQS for ozone, but denied petitions challenging revisions to the primary, health-based ozone NAAQS. Primary standards set limits to protect...

Los Angeles, City of v. Great Basin Unified Air Pollution Control District

A district court dismissed a city's lawsuit against California state and local air districts challenging fees it must pay to mitigate wind-blown dust from a dry lake bed that exceed state and federal air standards. Section 42316 of the...

Natural Resources Defense Council v. EPA

The D.C. Circuit ordered EPA to repromulgate two final rules it issued under the CAA concerning the implementation of the NAAQS for fine particulate matter (PM). Environmental groups challenged EPA's decision to issue the rules pursuant...

National Environmental Development Ass'n Clean Air Project v. Environmental Protection Agency

The D.C. Circuit dismissed petitions challenging EPA's primary NAAQS for sulfur dioxide (SO2). The petitioners—several states, state regulatory agencies, corporations, and industrial associations—argued that EPA failed to follow the APA...

American Petroleum Institute v. Environmental Protection Agency

The D.C. Circuit denied petitions challenging EPA's one-hour primary NAAQS for nitrogen dioxide (NOx). The new one-hour primary NAAQS requires that “the three-year average of the annual 98th percentile of the daily maximum one-hour...

WildEarth Guardians v. Jackson

A district court held that EPA does not have a mandatory duty to review and, if necessary, promulgate new PSD rules for ozone simply because the NAAQS for ozone has been revised. The history of the CAA and its numerous amendments...

Natural Resources Defense Council v. Environmental Protection Agency

The D.C. Circuit vacated an EPA guidance document addressing obligations of regions still in nonattainment of the 1997 one-hour...

Sierra Club v. Whitman

The court affirms a February 2001, district court order requiring the U.S. Environmental Protection Agency (EPA) to make an air quality attainment status determination for the St. Louis, Missouri, area and to publish it in the ...

Ober v. Whitman

The court holds that the U.S. Environmental Protection Agency (EPA) has the power under the Clean Air Act (CAA) to adopt de minimis exemptions for sources of pollution from particulate matter having an aerodynamic diameter of 10 microns...

Whitman v. American Trucking Ass'n

The Court holds that the U.S. Environmental Protection Agency (EPA) may not consider implementation costs in setting primary and secondary national ambient air quality standards (NAAQS), that the Clean Air Act (CAA) does not...