ELR Citation: 43 ELR 20014
No(s). 11-1256 (D.C. Cir. Jan 15, 2013)

The D.C. Circuit dismissed a road building association's lawsuit challenging EPA regulations for nonroad engines and vehicles. The regulations pertain to CAA §209(e), which preempts certain state regulation of nonroad engines. The association petitioned EPA to amend those regulations to broaden their preemptive effect, and when EPA denied their request, the association filed suit. But the regulations went into effect several years ago. Accordingly, the challenge is time-barred under the CAA's 60-day filing period. The association also challenged EPA's approval of California's SIP concerning nonroad engines, but that challenge must be brought in the Ninth Circuit.