ELR Citation: 53 ELR 20100
No(s). 21-1018 (D.C. Cir. Jun 30, 2023)

The D.C. Circuit denied petitions to review EPA's promulgation of a rule that regulates the emission of greenhouse gases from aircraft engines under CAA §231 by aligning domestic standards with those recently promulgated by the International Civil Aviation Organization (ICAO). Twelve states, the District of Columbia, and three nonprofit groups challenged the rule, arguing EPA should have promulgated more stringent standards, and that the Agency unlawfully aligned the domestic standards with ICAO's technology-following standards rather than establishing technology-forcing standards. The court held that the rule was within EPA's authority under §231 and that the Agency reasonably explained its decision to harmonize domestic regulation with the ICAO standards. It denied the petitions for review.