Jump to Navigation
Jump to Content

National ambient air quality standards (NAAQS), §109

Sierra Club v. Department of Environmental Quality

The Michigan Court of Appeals, in an unpublished opinion, upheld the state environmental agency's decision to issue two permits authorizing modifications at a coal-fired power plant. The plant is located in a county that violates the...

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...

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...

With Great Power Comes Clear Accountability: Presidential Influence Over the Ozone NAAQS Reconsideration

In early September 2011, President Barack Obama rejected EPA’s draft rule to reconsider the 2008 ozone national ambient air quality standard (NAAQS) based on the OIRA’s recommendation. The letter from OIRA Administrator Cass Sunstein...

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...