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Review and revision, §109(d)

Mississippi Commission on Environmental Quality v. Environmental Protection Agency

The D.C. Circuit denied petitions for review of EPA decisions regarding nonattainment designations under the 2008 ozone NAAQS. Several states, counties, industrial entities, and environmental organizations petitioned the court...

Natural Resources Defense Council v. Environmental Protection Agency

The D.C. Circuit held that EPA's regulations implementing the 2008 NAAQS for ozone exceed the Agency’s authority under the CAA. In 2008, EPA revised and strengthened the standards for ozone pursuant to the CAA. One of the revisions...

Center for Biological Diversity v. Environmental Protection Agency

The D.C. Circuit upheld EPA’s decision to defer adopting new secondary NAAQS for oxides of sulfur (SOx) and nitrogen (NOx) pending further scientific study. Citing doubts about the accuracy of its aquatic acidification index model—used...

National Ass'n of Manufacturers v. Environmental Protection Agency

The D.C. Circuit denied industry groups' petition for review challenging EPA's 2013 primary NAAQS for fine particulate matter. In the final rule, EPA lowered the level of the particulate matter NAAQS from 15.0 μg/m3 to 12.0 μg/m3, a...

Sierra Club v. United States Environmental Protection Agency

A district court denied industry groups' motion to intervene in a CAA citizen suit concerning EPA's alleged failure to review the ozone NAAQS in a timely manner. The underlying lawsuit concerns whether EPA has failed to perform a...

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...

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...

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 ...