Nat'l Envtl. Dev. Ass'n's Clean Air Project v. EPA, No. 10-1252 (D.C. Cir. 2012)Annotate this Case
Several states and state regulatory agencies, together with corporations and industrial associations, petitioned for review of the EPA's rule entitled "Primary National Ambient Air Quality Standard for Sulfur Dioxide" and of the subsequent denial of petitions for reconsideration of the standard. Petitioners contended (1) the EPA failed to follow notice-and-comment rulemaking procedures, and (2) the agency arbitrarily set the maximum sulfur dioxide concentration at a level lower than statutorily authorized. The D.C. Circuit Court of Appeal dismissed the petitions in part and denied them in part, holding (1) the challenge to the rulemaking procedure was not within the Court's jurisdiction and must be dismissed; and (2) the EPA did not act arbitrarily in setting the level of sulfur dioxide emissions and therefore, the Court denied that portion of the petitions for review.