In a petition for review of the EPA's revision of the National Ambient Air Quality Standard (NAAQS) for ozone, the petition is granted in part, where one of the new regulations was inconsistent with the Clean Air Act in allowing participation in a regional cap-and-trade program to satisfy an area-specific statutory mandate; but reversed in part, where the EPA's remaining rules were supported by substantial evidence.
Argued November 20, 2008
Decided July 10, 2009
David S. Baron, Natural Resources Defense Council, Washington, DC
Brian H. Lynk, Attorney, U.S. Department of Justice, Washington, DC