Wednesday, July 31, 2013
Monday, July 29, 2013
Friday, July 26, 2013
Wednesday, July 24, 2013
"This opinion considers each of these claims in turn. We reject Mississippi and the industry groups' challenge to the primary and secondary standards in Part II. We explain our denial of the governmental and environmental petitions with respect to the primary standard in Part III and our grant of these petitions with respect to the secondary standard in Part IV.
"In considering challenges to NAAQS, 'we apply the same highly deferential standard of review that we use under the Administrative Procedure Act.' ATA III, 283 F.3d at 362. Accordingly, 'we will set aside the Agency's determination only if it is "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." ' National Environmental Development Ass'n's Clean Air Project v. EPA, 686 F.3d 803, 80910 (D.C. Cir. 2012) (quoting 42 U.S.C. § 7607(d)(9)(A)). And 'we do not look at the decision as would a scientist, but as a reviewing court exercising our narrowly defined duty of holding agencies to certain minimal standards of rationality.' Id. at 810 (internal quotation marks omitted). That said, "we perform a searching and careful inquiry into the underlying facts." ATA III, 283 F.3d at 362 (internal quotation marks omitted)."
In its conclusion, the Appeals Court says, "Because EPA failed to determine what level of protection was "requisite to protect the public welfare," EPA's explanation for the secondary standard violates the Act. We therefore remand this portion of the final rule for further explanation or reconsideration by EPA. In the meantime, we leave the standard in place rather than vacating the rule. . . Given these principles, neither EPA nor petitioners advocate vacatur. For the foregoing reasons, we remand the secondary NAAQS to EPA for reconsideration in view of this opinion. In all other respects, the petitions for review are denied.
Access the complete opinion (click here). [#Air, #CADC]
Tuesday, July 23, 2013
Access the complete opinion (click here). [#Water, #CA4]