D.C. Circuit Backs EPA's Discretion On Designating Areas For SO2 NAAQS

摘要

The U.S. Court of Appeals for the District of Columbia Circuit in a unanimous ruling has rejected challenges from industries including the natural resource and steel sectors over EPA's designation of some areas as out of attainment with the sulfur dixoide (SO2) ambient air limit, bolstering the agency's discretion on how to issue such designations. The Nov. 3 decision, written by D.C. Circuit Senior Judge Stephen Williams on behalf of fellow Judges Thomas Griffith and Patricia Millett, addresses two unrelated challenges to designations for the 2010 SO2 national ambient air quality standard (NAAQS) of 75 parts per billion. The first suit was filed by industry over a nonattainment listing for part of Yellowstone County, MT, and the other by U.S. Steel over a Michigan designation. The opinion is available on InsideEPA.com. See page 2 for details. (Doc. ID: 186185) "We deny the petitions for review. Except insofar as both are attacks on EPA's August 2013 designations with respect to the 2010 SO2 NAAQS, the two claims have virtually nothing in common," the ruling says.