ELR Citation: ELR 20214
No(s). 04-1291 (D.C. Cir. Oct 20, 2006)

The court denied in part and granted in part environmental groups’ petition for review of three sets of regulations promulgated by the U.S. Environmental Protection Agency (EPA) governing how states are to bring their transportation plans into conformity with the requirements of the Clean Air Act (CAA). The court lacked jurisdiction over one set of regulations that were first promulgated in 1997 and then published as a final rule with only minor changes in 2004 because the 60-day statutory period for review had passed. The court denied review of a second set of regulations because EPA’s interpretation of the CAA was reasonable. The CAA does not require that activities involving transportation actually reduce pollutants; it merely requires that they not frustrate an implementation plan’s purpose to reduce overall emissions. But the court granted review over a third set of regulations because they were inconsistent with the CAA’s requirement that activities that emit pollutants comply with an approved transportation implementation plan. The court, therefore, remanded this regulation to EPA.