ELR Citation: 51 ELR 20166
No(s). 15-1056 (D.C. Cir. Aug 27, 2021)

The D.C. Circuit denied a challenge to EPA's 2015 rule updating the standards under which the Agency audits wood-burning heaters' compliance with CAA emissions limits. An industry group argued the rule was invalid because, unlike the 1988 rule, it authorized testing at other labs and neither accounted specifically for interlaboratory variability in emissions testing nor adequately acknowledged and explained the change. The court found EPA reasonably determined and explained that the measures adopted to address potential testing variability were sufficient, and that its decisions were supported by substantial evidence. The court therefore denied the group's petition for review.