U.S. Court of Appeals for the D.C. Circuit

Case Status


Docket Number

13-1071, 13-1069

Oral Argument Date

February 20, 2014


Case Updates

D.C. Circuit Court declines petition for review challenging the EPA's Final Rule

May 09, 2014

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.

U.S. Chamber files lawsuit challenging EPA's final NAAQS rule

March 18, 2013

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.

Case Documents