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

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Case Updates

Regional Haze Program Rule appeal held in abeyance at the D.C. Circuit

January 30, 2018

U.S. Chamber challenges EPA’s proposed “regional haze” regulation

March 10, 2017

The U.S. Chamber filed a petition for review with the D.C. Circuit, seeking review of an EPA regulation that imposes stringent new air permitting requirements under the Clean Air Act’s “regional haze” program. The “regional haze” program seeks to limit or prevent “visibility” impairment in areas such as national parks. In recent years, EPA has embarked on an aggressive regulatory campaign to impose stringent, new emission limitations under the regional haze program. These new regulations threaten to drive up electricity costs, but for little to no benefit; the visibility improvements are imperceptible to the human eye.

The Chamber has filed amicus briefs in support of legal challenges to EPA’s new regional haze regulations for Utah and Arkansas and is an intervenor in a challenge to EPA’s regional haze rule for Texas and Oklahoma. The Chamber’s petition for review of this national regional haze rule argues that the regulation is unlawful and should be set aside.

Case Documents