National Environmental Development Association's Clean Air Project v. Environmental Protection Agency
402 U.S. App. D.C. 5
D.C. Cir.2012Background
- EPA finalized a 1-hour S02 NAAQS at 75 ppb using a 99th percentile approach aimed at limiting short-term bursts; the implementation plan was described as a hybrid of monitoring and modeling; petitioners challenge both the rulemaking procedure under APA and the 75 ppb level as arbitrary; the court lacks jurisdiction to review the procedural aspects that were not final agency action; the court upholds EPA’s level as not arbitrary or capricious and dismisses the procedural challenge for lack of finality.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Procedural reviewability under APA for hybrid approach | Petitioners argue APA notice-and-comment violated | EPA's preamble actions are not final | Procedural challenge dismissed for lack of finality. |
| Whether 75 ppb 1-hour standard is arbitrary or capricious | EPA erred in interpreting studies and ATS guidelines | EPA properly weighed evidence and tolerance for margin of safety | Standard upheld; not arbitrary or capricious. |
Key Cases Cited
- Barrick Goldstrike Mines Inc. v. Browner, 215 F.3d 45 (D.C. Cir. 2000) (finality labeling not determinative for review)
- Ethyl Corp. v. EPA, 541 F.2d 1 (D.C. Cir. 1976) (arbitrary-and-capricious standard under CAA and APA comparable)
- Am. Lung Ass’n v. EPA, 134 F.3d 388 (D.C. Cir. 1998) (review of S02 NAAQS regarding vulnerable populations)
- Whitman v. Am. Trucking Ass’ns, 531 U.S. 457 (U.S. 2001) (NAAQS must be not lower or higher than necessary to protect health)
- Natural Resources Defense Council v. EPA, 571 F.3d 1245 (D.C. Cir. 2009) (preambles may create binding consequences when final)