DC Circ. Tosses Challenge To CAA Rulemaking

Law360, New York (December 12, 2009, 6:04 PM EST) -- A federal appeals court has nixed a construction industry trade group’s attempt to revise emissions regulations under the Clean Air Act, ruling that the challenge to the U.S. Environmental Protection Agency’s rulemaking is time-barred.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit determined Friday that the American Road and Transportation Builders Association lacked jurisdiction because the window in which to challenge the EPA’s administration of Section 209(e) of the CAA is closed.

The appeals court said case law “requires...
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