Masias v. EPA

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Industry and environmental petitioners challenged EPA's determination that it could not, on the basis of "available information," classify three of the 61 areas under the National Ambient Air Quality Standard for sulfur dioxide as meeting or not meeting the air quality standard, and that it must therefore designate them as "unclassifiable." The DC Circuit dismissed the Board's petition for review and held that the Board failed to demonstrate that EPA's "unclassifiable" designation, compared to the "attainment" designation the Board claimed to have been required, subjected it to any cognizable injury. The court denied Sierra Club's petition for review and held that Sierra Club's sole objection was not raised during the period for public comment and thus EPA's resolution of a petition for reconsideration was not before the court. Finally, the court denied Samuel Masias' petition and held that the EPA acted reasonably by issuing an "unclassifiable" designation for Colorado Springs. View "Masias v. EPA" on Justia Law