NAM, Chamber of Commerce, Utility Air Regulatory Group, PM NAAQS Coalition, et al. v. EPA

Case Updates

The Court denied to review the petitions holding that the NAAQS has set a clear numerical target specifying the maximum levels of emissions in the States and under the law, States will devise implementation plans to meet the target. Nothing in the law dictates additional guidance from the EPA.

The U.S. Chamber, as part of a coalition of trade associations, filed a petition for review with the D.C. Circuit Court of Appeals and also filed a Petition for Reconsideration with the Environmental Protection Agency (EPA) to challenge EPA's Final Rule, which sets new limits on fine air particulate matter. In this case, the EPA issued a Proposed Rule, which required near-road monitoring of air quality. EPA stated the monitoring was for research purposes. However, when the Final Rule was issued, EPA announced that the near-road monitors would be used for assessing compliance with the national ambient air quality standards (NAAQS) and likely for development of strategies to bring non-complying areas into compliance. In its petition for reconsideration, the Chamber argued that since this conclusion was not presented for public comment in the Proposed Rule, EPA should stay the Final Rule until reconsideration is complete.