Environmental -- 2021



Sierra Club v. EPA   (D.C. Circuit)

Defending Clean Air Act trading program for ozone NAAQS

The NAM filed an amicus brief to support EPA’s defense of a trading program for ozone NAAQS pollutants. The Clean Air Act (CAA) requires EPA to establish national ambient air quality standards for six pollutants, including ozone. A 2018 EPA rule allowed companies to trade ozone pollutants with other emitters to meet federal emissions requirements. An environmental group sued to challenge the rule, arguing that the trading program is not allowed by the CAA. NAM members that seek to expand or build a new facility in many areas of the country can benefit greatly from this trading program. Pollutant trading programs like this provide a market-based solution that companies can use to grow their operations while reducing harmful air emissions in the aggregate. The NAM’s amicus brief explains the important and effective role of emissions trading and why such a program complies with the CAA. Unfortunately, on January 29, 2021, the court held that as a matter of statutory construction, the CAA prohibits the program.


Related Documents:
D.C. Cir. Opinion  (January 29, 2021)
NAM brief  (November 8, 2019)