Delaware Department of Natural Resources v. EPA

The DC Circuit denied Delaware's petition for review of the EPA's grant of an extension for a multistate region to comply with national ozone standards. After determining that Delaware may petition the court for review of the EPA's decision, the court held on the merits that the EPA had authority under 42 U.S.C. 7511(a)(5) to grant three states' requests to extend the Philadelphia Area's attainment date, even though Delaware was not among them. The court also held that the EPA did not act arbitrarily or capriciously when requiring New Jersey to comply only with its EPA-approved state implementation plans (SIP). Finally, the court rejected Delaware's contention that Maryland and Pennsylvania could not submit certifications of compliance with their SIPs without evidence to substantiate the certifications. View "Delaware Department of Natural Resources v. EPA" on Justia Law