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Court orders EPA to redo rules implementing particulate matter standards

From the January 14, 2013 issue of Public Power Daily

Originally published January 14, 2013

Siding with environmental and public health groups, a federal appeals court ordered the Environmental Protection Agency to rework rules implementing its national ambient air quality standards for particulate matter (PM2.5). In a Jan. 4 decision, the U.S. Court of Appeals for the District of Columbia Circuit said the agency erred in issuing the rules under Subpart 1 rather than Subpart 4 of the Clean Air Act. Subpart 4 is more stringent, for example requiring emissions reductions and best available control measures for "serious" nonattainment areas whereas Subpart 1 has no such mandates.

The court declined a request to set a deadline for the EPA upon remand or to retain jurisdiction pending such action. The case is Natural Resources Defense Council and Sierra Club v. EPA (08-1250 et al.).


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