Clean Air Council v. Pruitt, No. 17-1145 (D.C. Cir. 2017)Annotate this Case
Petitioners challenged the EPA's decision to stay implementation of portions of a final rule concerning methane and other greenhouse gas emissions. The DC Circuit held that, although absent a stay, it would have no authority to review the agency's decision to grant reconsideration, because EPA chose to impose a stay suspending the rule's compliance deadlines, the court must review its reconsideration decision to determine whether the stay was authorized under section 307(d)(7)(B) of the Clean Air Act (CAA), 42 U.S.C. 7607(d)(7)(B). The court also held that the 90-day stay was unauthorized by section 307(d)(7)(B) and was thus unreasonable.