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Petroleum industry

EPA's Air Quality Standards Upheld by US District Court

Strategic Insights

— 1 min read

The US District Court of Appeals for the District of Columbia Circuit has upheld its previous ruling that the Environmental Protection Agency (EPA) acted unlawfully in setting stricter air quality standards. The court's decision, released on Friday, threw out the EPA's appeal of the May ruling in American Trucking Association Inc. et al. vs. US EPA, which stated that the EPA's construction of the Clean Air Act constituted an unconstitutional delegation of legislative power. The ruling maintains the previous finding that the EPA's authority to set national ambient air quality standards (NAAQS) is limited, and the agency must demonstrate a clear principle guiding its discretion in setting such standards.

Key Takeaways:

  • The US District Court of Appeals for the District of Columbia Circuit upheld its previous ruling that the EPA acted unlawfully in setting stricter air quality standards.
  • The court ruled that the EPA's construction of the Clean Air Act, which guided the agency's setting of national ambient air quality standards (NAAQS), constituted an unconstitutional delegation of legislative power.
  • The court upheld the previous finding that the EPA must demonstrate a clear principle guiding its discretion in setting NAAQS, but modified its ruling to allow the EPA to justify its fine particulate matter (PM2.5) standard on the basis of more imminent harm.
  • The case was effectively closed by the district court, but the EPA has announced its intention to seek a rehearing with the Supreme Court.
  • The EPA has two possible alternatives: repropose the NAAQS or establish new NAAQS for ozone and PM. The agency has already begun the process for considering new PM standards, with a decision expected in July 2000.

Statistics:

  • 0.08 parts per million (ppm) was the maximum emission of ozone (smog) set by the EPA, measured over eight hours.
  • 100 microns is the equivalent of coarse particulate matter (PM10) for which the court threw out the tougher standard.
  • 2.5 microns is the equivalent of fine particulate matter (PM2.5) for which the EPA's tougher standard is still at risk.

Sources:

  • "Oil Daily" (May 17, 1999)
  • "American Trucking Association Inc. et al. vs. US EPA" (May ruling)
  • US District Court of Appeals for the District of Columbia Circuit (Friday's denial of rehearing)

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