Nat'l Ass'n of Home Builders v. EPA , No. 10-1183 (D.C. Cir. 2012)Annotate this Case
In 2008, the EPA issued a rule regulating renovation and remodeling activities that create health hazards arising from lead paint. The rule contained an "opt-out" provision, which exempted owner-occupied housing from the rule's requirements if the homeowner certified that no pregnant women or young children lived there. In 2010, EPA amended the rule to eliminate the opt-out provision. The National Association of Home Builders and other trade associations petitioned for review of the amended rule, arguing (1) the decision to abandon the opt-out provision was arbitrary and capricious, in violation of the APA; and (2) EPA failed to convene a panel of representatives of small businesses before issuing the new rule, in violation of the Regulatory Flexibility Act. The D.C. Circuit Court of Appeals denied the petition for review, holding (1) EPA's decision was not arbitrary or capricious; and (2) the Court lacked jurisdiction to entertain the petitioners' second challenge.