A three-judge panel of the D.C. Circuit denied the petitions for review filed by the U.S. Chamber, other industry groups, and states against the EPA’s primary and secondary ozone standards. The D.C. Circuit also denied petitions for review filed by environmental groups in almost all respects: the only two exceptions were a remand (without vacatur) for further explanation of why the secondary standard was adequate to protect against visible damage to tree leaves and vacatur of the EPA’s decision to grandfather permit applications into the previous (less stringent standards) if the permit applications were submitted before the new standards went into effect.
The case is Chamber of Commerce, Murray Energy Corporation, et al. v. EPA. Click here for more information.