Despite Industry Protest Recent Court Ruling Will Bring Cleaner Air To Houston

Today, the DC Circuit Court rejected an industry argument to abolish clean air fees.

EDF played an integral role in this case as a declarant, helping to demonstrate that the misdirected guidance issued by EPA had resulted in a threat to public health.

Here’s a summary from the recent ruling:

 “TATEL, Circuit Judge: Yet again we face a challenge to the Environmental Protection Agency’s regulation of ozone under the Clean Air Act. At issue this time is an EPA “guidance document” addressing obligations of regions still in nonattainment of a now-revoked ozone air quality standard. Petitioner argues that the Guidance amounts to a legislative rule issued in violation of the Administrative Procedure Act’s notice and comment requirement and that its substantive content is contrary to law. Firing nearly all the arrows in its jurisdictional quiver, EPA argues that petitioner lacks standing, that the Guidance does not qualify as final agency action, and that petitioner’s claims are unripe for judicial review. As we explain in this opinion, all three arrows miss their target. On the merits, we conclude that the Guidance qualifies as a legislative rule that EPA was required to issue through notice and comment rulemaking and that one of its features—the so-called attainment alternative—violates the Clean Air Act’s plain language. We therefore grant the petition for review and vacate the Guidance.” 

 Check out this post from Adrian Martinez of NRDC for more information.

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