WildEarth Guardians v. EPA

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During the time EPA had been applying the incorrect (and more relaxed) statutory framework to fine particulate matter, some of the stricter compliance deadlines that would have applied under the correct statutory framework had already elapsed. In its implementation rule, the agency made certain adjustments to those deadlines in an effort to avoid treating states as having already missed deadlines of which they were never aware. WildEarth Guardians challenges EPA’s authority to adjust the deadlines. The court held that, in the novel circumstances presented here, EPA reasonably acted within its statutory authority in adopting new deadlines aimed to avoid imposing retroactive burdens on states seeking to achieve compliance with governing air quality standards. Accordingly, the court dismissed the petition as it concerns the 1997 standard and otherwise denied the petition for review. View "WildEarth Guardians v. EPA" on Justia Law