On May 30th, the U.S. Supreme Court agreed to hear industry arguments that EPA must consider costs when reviewing and setting national ambient air quality standards (NAAQS). This decision comes just 7 days after the High Court agreed to hear EPAs appeal of an earlier decision by the D.C. Circuit Court. Of course, in that decision the D.C. Circuit struck down EPAs revised ozone NAAQS and new fine particle (PM2.5) NAAQS. In simplest terms, the D.C Circuit decisions was based on the finding that EPA failed to use "intelligible principles" in explaining how the Agency arrived at the new and revised standards. The Supreme Court is expected to begin hearing these arguments when it reconvenes this Fall. A decision is not expected until 2001. Stay tuned for what promises to be monumental court decisions.
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