Court Backs EPA Air Standards

A federal appeals court last week shot down an industry challenge to an EPA Clean Air Act air quality standard for nitrogen dioxide. The American Petroleum Institute (API) and other fossil-fuel-related groups challenged primarily the science EPA used in setting the standard that affects NO₂ emissions from motor vehicles and coal-burning electric power plants. The unanimous three-judge decision supported the revised one-hour National Ambient Air Quality Standards set by EPA in 2010; the revision followed an examination that began in 2005 and included review by the agency’s Clean Air Scientific Advisory Committee. API says it is unsure whether it will appeal.