Judges Weigh Novel Question Of EPA Petitions Boosting Rulemaking Suits

摘要

Appellate court judges at April 2 oral arguments weighed a novel question over whether groups suing EPA claiming a Clean Air Act duty to regulate air pollution sources could get a boost to the merits of their suit if other groups have filed years-old petitions with EPA seeking the same rules - but despite raising the question, the judges appear likely to reject a suit seeking to force the agency to issue concentrated animal feeding operation (CAFO) air rules. The three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit that is reviewing the CAFO air rule suit instead suggested that the Iowa residents seeking the rules should have first filed a petition for rulemaking with EPA, a strategy that the Environmental Integrity Project (EIP) and others are pursuing.