Court sides with EPA on not setting new standard

Class Action Lawsuit Posted on

A federal appeals court ruled Tuesday that the Environmental Protection Agency was justified in not establishing a new air quality standard for acid rain.

The EPA decided in 2012 after a lengthy rulemaking proceeding that it needed further scientific study before it could set a new air quality standard for oxides of nitrogen and oxides of sulfur.

Environmental groups claimed that EPA's failure to issue a new multi-pollutant rule violated the Clean Air Act.

In a 3-0 decision, the U.S. Court of Appeals for the District of Columbia Circuit said it was turning aside the environmental groups' petition for judicial review because the EPA could not form a reasoned judgment as the Clean Air Act requires.

"EPA did not simply leave in place the old standard," said appeals judge A. William Randolph. "Although it did not promulgate a new standard, it identified the data gaps that prevented it from doing so and initiated a data-collection program designed precisely to fill those gaps and facilitate future regulation."

Once EPA found that the two current standards were inadequate with respect to acid rain, the agency sought to determine what new multi-pollutant standard would be appropriate, the judges said. EPA recognized that a new national ambient air quality standard would necessarily be more complex than those set historically for just one pollutant, the court wrote.

Legal News Media

Legal News is the top headline legal news provider for lawyers and legalprofessionals. Read law articles and breaking news from law firm's across the United States to get the latest updates. We reserve the right, at our discretion, to change, modify, add, or remove portions of the site at any time. Your This site is solely for your personal use. You are, of course, welcome to print or otherwise copy material from this site for your personal use. However, you may not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. Any unauthorized use of the text, images, audio and video may violate copyright laws, trademark laws, the laws of privacy and publicity and civil and criminal statutes.

 

American Bar Association – Start and Run a Law Firm

NewYorkStateBar.com – Starting a Law Firm

Lawyer Website Designs