Last week, D.C. Circuit Court of Appeals rejected challenges to EPA’s “Revised Cross-State Air Pollution Update Rule”. The Court found that the Rule was “an appropriate exercise of EPA’s statutory authority”. 
I find the decision noteworthy for two reasons. First, the decision is a full-throated endorsement of judicial deference to agency decision-making. Of course, this isn’t a Chevron case;… More
On Friday, EPA announced that it was reconsidering its 2020 decision to leave the National Ambient Air Quality Standards for ozone unchanged. 
The reconsideration will be based on the existing record. The notice does not identify any specific perceived flaws in the 2020 decision. However, EPA stated that it:
will reconsider the decision to retain the ozone NAAQS in a manner that adheres to rigorous standards of scientific integrity.… More
Yesterday, EPA formalized its decision to leave the ozone NAAQS unchanged, at 70 ppb. I don’t think that this decision is in the same category of egregiousness as EPA’s recent decision not to reduce the PM2.5 NAAQS. After all, only one decision can be the single worst environmental policy of an entire administration.
I’m not that close to the science on the ozone NAAQS,… More