Appeals Court Rejects Challenge to Transportation Conformity Hot-Spot Requirements

摘要

In the October 28, 2011 decision, the DC Circuit Court concluded that EPA's clarification of how the "delay" condition of CAA Section 176(c)(l)(B)(iii) is met in the March 24, 2010 rulemaking was persuasive. The court found that the 2010 rule was not arbitrary, capricious, or inconsistent with law, and denied the challenge to the hot-spot transportation conformity requirements.