ELR Citation: 53 ELR 20026
No(s). 21-3057 (6th Cir. Feb 10, 2023)

The Sixth Circuit granted a petition to review EPA's removal of an air nuisance rule from Ohio's SIP. Environmental groups and individuals argued that EPA violated the CAA and APA in removing the rule. EPA moved to remand without vacatur to review its removal of the rule. The court found that vacatur was not appropriate given the overall equities of the situation, a still-pending petition for reconsideration before EPA, and because the Agency may be able to justify the removal on remand. It granted the petition and remanded without vacatur to EPA for further and expeditious review.