Court Affirms EPA Aircraft Rule

Law360, New York (June 4, 2007, 12:00 AM EDT) -- An appeals court panel ruled Friday that the U.S. government did not violate the Clean Air Act by only mandating a 16% reduction in nitrogen oxide emissions from aircraft engines.

In its complaint, the National Association of Clean Air Agencies, a trade association that represents state and local governmental agencies nationwide, argued that the16% reduction was both arbitrary and capricious. The U.S. Court of Appeals for the District of Columbia Circuit disagreed, however, saying the Environmental Protection Agency acted appropriately.

“EPA has greater flexibility under [the...
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