South Coast Air Quality Management District v. EPA

These consolidated petitions challenged the EPA's final rule entitled "Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Review Requirements." The DC Circuit granted Environmental Petitioners' petition and vacated as to waiver of the statutory attainment deadlines associated with the 1997 NAAQS; removal of New Source Review and conformity controls from orphan nonattainment areas; grant of permission to states to move anti-backsliding requirements for orphan nonattainment areas to their list of contingency measures based on initial 2008 designations; waiver of the requirement that states adopt outstanding applicable requirements for the revoked 1997 NAAQS; waiver of the 42 U.S.C. 7505a(a) maintenance plan requirement for orphan nonattainment areas; creation of the "redesignation substitute"; creation of an alternative baseline year option; elimination of transportation conformity in orphan maintenance areas; and waiver of the requirement for a second 10-year maintenance plan for orphan maintenance areas. The court denied Environmental Petitioners' petition in all other respects. View "South Coast Air Quality Management District v. EPA" on Justia Law