Sierra Club v. EPA, No. 16-1097 (D.C. Cir. 2017)Annotate this Case
The DC Circuit dismissed the petition for review of the EPA's modification, without notice and comment, of prior understandings of how to measure a proposed transportation project’s impact on ambient levels of PM2.5 and PM10. PM2.5 is particulate matter 2.5 micrometers or less in diameter and PM10 is particulate matter 10 micrometers or less in diameter. In regard to PM2.5, the court held that it lacked standing because petitioners have shown no instance where the change would be likely to have any adverse effect on them or their members. In regard to PM10, the court held that the EPA's new provisions were not binding on the agency or affected parties and therefore did not constitute a final action within the meaning of the Clean Air Act, 42 U.S.C. 7607(b)(1).