Earlier this month, the Ninth Circuit affirmed the dismissal of environmental groups’ Clean Air Act (CAA) citizen-suit actions against US EPA. The court held that US EPA does not have a nondiscretionary duty to promulgate revised Prevention of Significant Deterioration (PSD) regulations when it revises a National Ambient Air Quality Standard (NAAQS). The Plaintiffs – … Continue Reading
On May 9, the Court of Appeals for the D.C. Circuit upheld US EPA’s rule revising the annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM2.5) despite serious concerns regarding how states and regulated entities are to proceed under new rules. The January 2013 final rule lowers the annual allowable limit for PM2.5, eliminates the option of “spatial … Continue Reading
