ELR Citation: ELR 20044
No(s). 03-1222 (D.C. Cir. Feb 18, 2005)

The D.C. Circuit granted a petition for review of the U.S. Environmental Protection Agency's (EPA's) approval of a regional alternative plan under the annex rule, which allows states to reduce regional haze by alternate means, including emissions trading programs, so long as the alternative would improve visibility more rapidly than under best available retrofit technology (BART). To determine whether the submitted plan was better than BART, EPA used a BART methodology quite similar to the one the court condemned in American Corn Growers, Inc. v. EPA, 291 F.3d 1, 32 ELR 20658 (D.C. Cir. 2002).