National Environmental Development Association's Clean Air Project v. EPA, No. 16-1344 (D.C. Cir. 2018)
Annotate this CaseThe DC Circuit denied petitions for review challenging the Amendments to Regional Consistency Regulations adopted by the EPA pursuant to section 7601 of the Clean Air Act (CAA), 42 U.S.C. 7601. The Amended Regulations were issued in response to the court's decision in National Environmental Development Association's Clean Air Project v. EPA (NEDACAP I), 752 F.3d 999 (D.C. Cir. 2014). The court held that the Amended Regulations reflect permissible and sensible solutions to issues emanating from intercircuit conflicts and agency nonacquiescence. Accordingly, the court deferred to the EPA's reasonable construction of the statute.
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