EPA Seeks High Court Review

The Environmental Protection Agency is not giving up on its new, stricter smog and soot standards, despite losing another round in a federal appellate court Oct. 29.

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	Court Rules on EPA Appeal (Oct. 29) Background on the lawsuit from the ATA Environmental Affairs Dept. The court's ruling ATA's reaction to the ruling (Note: To return to this story, click the "Back" button on your browser.)

For the second time, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit issued a 2-1 ruling that EPA had not produced any compelling rationale for the maximum levels of ozone and particulate matter specified in its new standards.

Undeterred, the agency has asked the Justice Department to take its case to the Supreme Court.

The appeals court also denied by a slim margin EPA’s appeal for the case to be reheard by all 11 judges of the court. Five of the nine judges present voted to rehear arguments, falling one short of the six votes needed.

For the full story, see the Nov. 8 print edition of Transport Topics. Subscribe today.