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

Case Status

Decided

Docket Number

06-1410, 06-1411, 06-1415, 06-1416, 06-1417

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Case Updates

D.C. Circuit addresses revised particulate matter rule and 24-hour standard

February 24, 2009

The D.C. Circuit struck down the EPA's National Ambient Air Quality Standards for fine particulate matter, ruling that the standards were contrary to law and unsupported by adequately reasoned decision-making. This ruling in favor of the environmentalists could unnecessarily impose significant compliance costs and regulatory burdens on industry.

U.S. Chamber intervenes in lawsuit by various environmentalist groups challenging the EPA’s revised National Ambient Air Quality Standards for Particulate Matter (PM Rule)

January 16, 2007

NCLC intervened in a lawsuit by various environmentalist groups challenging the EPA’s revised National Ambient Air Quality Standards for Particulate Matter (PM Rule). Apart from the 24 hour standard which NCLC independently challenged as impermissibly restrictive in light of the underlying science, the balance of the rule properly calibrates the competing interests at stake. Because a ruling in favor of the environmentalists would unnecessarily impose significant compliance costs and regulatory burdens on industry, NCLC has defended the revised PM Rule with the exception of the 24 hour standard.

Petition to intervene filed 1/16/07. Intervention granted 3/22/07. Intervenors’ briefs filed 1/29/08. Oral argument held 9/15/08. Decided 2/24/09.

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