The NAM’s Brief on the Ozone Litigation

As noted here, environmental and public health groups are suing the Environmental Protection Agency for its ozone rules, arguing that the EPA should have followed the recommendations of staff scientists and advisors in setting a more stringent emissions standard.

The National Association of Manufacturers and other business associations are joining private utilities to also sue the EPA. Now posted at the NAM’s Legal Beagle website is a summary of the litigation and a copy of the petition for review..

Ozone NAAQS Litigation Group v. EPA (D.C. Circuit active) — Environmental
Validity of EPA’s ozone regulation

The NAM is a member of the Ozone NAAQS Litigation Group, which filed a petition for review 5/27/08 in the U.S. Court of Appeals for the D.C. Circuit challenging the validity of the EPA’s final regulation lowering certain ozone limits under the Clean Air Act. The American Lung Association, the Natural Resources Defense Council, and others are also challenging the rule, and are expected to argue that the EPA did not follow the advice of their scientific advisers to issue a tougher standard. No statement of issues has yet been filed, but the suit is expected to raise questions relating to the EPA’s process and the validity of the data underpinning the stricter standard.

Related Documents:
Ozone NAAQS Litigation Group petition for review (5/27/2008)

From the other side comes an NRDC news release, noting, “The public interest law firm Earthjustice is filing the lawsuit on behalf of the American Lung Association, Natural Resources Defense Council (NRDC), Environmental Defense Fund, National Parks Conservation Association (NPCA), and Appalachian Mountain Club.” The groups’ petition for review is available here.

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