ELR Citation: ELR 20065
No(s). 02-1294 (D.C. Cir. Jul 23, 2004)

The D.C. Circuit vacated an EPA rule authorizing the use of two ozone-depleting foam insulation agents as substitutes for an ozone-depleting chemical scheduled to be phased out in 2003. EPA’s reliance on economic constraints requires reversal of its rule. EPA argued that the rule relied on technical constraints, yet technical considerations intersect with economic considerations. Because EPA has not yet offered its interpretation as to whether CAA §612(c) permits it to consider costs, the court cannot properly evaluate the rule. And because CAA §307(d)(9) provides that a court may reverse an EPA action, vacatur rather than remand is the only remedy the court was authorized to impose. In addition, the company challenging the rule had standing since its commercial concerns about possible lost sales due to the approval of the ozone-depleting substitutes fell within the zone of interests contemplated by Congress.