Sierra Club v. EPA, No. 10-1413 (D.C. Cir. 2013)
Annotate this CaseThe Sierra Club sought review of the EPA's regulations regarding particulate matter less than 2.5 micrometers under Section 166 of the Clean Air Act, 42 U.S.C. 7476. After the Sierra Club filed its petition, the EPA acknowledged that portions of the rule establishing Significant Impact Levels (SILs) did not reflect its intent in promulgating the SILs, and requested that the court vacate and remand some parts of its regulations. Notwithstanding the EPA's concession, the Sierra Club maintained that the EPA lacked authority to establish SILs. The court vacated and remanded to the EPA for further consideration the portions of the EPA's rule addressing SILs, except for the parts of its ruling in 40 C.F.R. 51.165(b)(2). The court granted Sierra Club's petition as to the parts of the EPA's rule establishing the Significant Monitoring Concentration (SMC), and vacated them because these parts of the rule exceeded the EPA's statutory authority.
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