ELR Citation: ELR 20069
No(s). 07-1151 (D.C. Cir. Mar 20, 2009)

The D.C. Circuit denied an environmental group's petition for review of U.S. Environmental Protection Agency (EPA) air quality regulations governing the exclusion of emissions data from state reporting requirements during exceptional events such as natural disasters. The rule allows states to list some man-made emissions as natural, uncontrollable events when reporting air quality attainment. The group argued that EPA should not have defined "natural event" to include events in which human activities play "little" causal role. The group, however, failed to object to EPA's definition during the rulemaking process. The group also challenged certain statements contained in the preamble to the regulations. But the preamble was not a final agency action and, therefore, is not reviewable under the Clean Air Act.