DC Circ. Kills Challenge To EPA's Nitrogen Dioxide Rule

Law360, New York (July 17, 2012, 6:44 PM EDT) -- The D.C. Circuit on Tuesday shot down the American Petroleum Institute’s challenge to a U.S. Environmental Protection Agency rule tightening restrictions on nitrogen dioxide emissions from utilities and other sources, saying the agency hadn't overstepped its authority.

The appeals court ruled that the EPA had acted within its authority when it adopted new national ambient air quality standards for nitrogen dioxide in 2010, supporting its findings about the pollutant’s adverse effects on public health with legally admissible scientific studies.

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