ELR Citation: 50 ELR 20081
No(s). 18-1167 (D.C. Cir. Apr 7, 2020)

The D.C. Circuit dismissed a petition to review EPA's Guidance on Significant Impact Levels (SILs) for Ozone and Fine Particles in the Prevention of Significant Deterioration Permitting Program, which sets numerical SILs that can be used by companies applying for PSD permits. An environmental group argued the court could and should review the guidance because it was final agency action. The court found the guidance did not impose any obligations, prohibitions, or restrictions on regulated entities, did not subject them to new penalties or enforcement risks, preserved the discretion of permitting authorities, required any permitting decision relying on the guidance to be supported with a robust record, and did not prevent challenges to individual permitting decisions; and thus was not final agency action subject to judicial review. It therefore dismissed the petition for lack of subject matter jurisdiction.