State of Mississippi v. EPA

Petitioners petitioned for review of the EPA's most recent revisions to the primary and secondary National Ambient Air Quality Standards (NAAQS) for ozone. The court rejected Mississippi and the industry groups' challenge to the primary and secondary NAAQS standards; the court denied the governmental and environmental petitions with respect to the primary standard; but the court granted their petition with respect to the secondary standard. Because EPA failed to determine what level of protection was "requisite to protect the public welfare," EPA's explanation for the secondary standard violated the Clean Air Act, 42 U.S.C. 7401. Accordingly, the court remanded the secondary NAAQS to the EPA for reconsideration and denied the petition in all other respects. View "State of Mississippi v. EPA" on Justia Law