EPA pollution monitoring procedures ruling [DC Circuit]

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EPA pollution monitoring procedures ruling [DC Circuit]

October 8, 2005 11:16:00 pm

Environmental Integrity Project v. Environmental Protection Agency, United States Court of Appeals for the District of Columbia, October 7, 2005 [rejecting a Bush administration interpretation of EPA requirements that weakened the EPA's ability to monitor air pollution from industrial sources]. Excerpt:

In this case, EPA proposed to codify its interpretation of the Part 70 rules through an amendment of the regulatory text. Whatever a "logical outgrowth" of this proposal may include, it certainly does not include the Agency's decision to repudiate its proposed interpretation and adopt its inverse. We therefore hold EPA's final rule violated the APA's notice-and-comment requirements.

Read the full text of the case here [PDF]. Reported in JURIST's Paper Chase here.

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