Environmental -- 2019

Murray Energy Corp. v. EPA   (D.C. Circuit)

Challenging 2015 ozone standard

In 2015 the NAM sued the U.S. Environmental Protection Agency to challenge its final rule lowering the ozone National Ambient Air Quality Standard (NAAQS) from 75 to 70 parts per billion. The rule could be one of the most expensive in history and burden manufacturers by limiting their air emissions and ability to grow and expand operations. The NAM seeks to invalidate the standard and secure an instruction from the court to raise the standard. The court stayed litigation in April 2017 to allow the new presidential administration to determine whether to revise the standard. On August 1, 2018, EPA announced that it would not revise the standard but instead expedite the consideration and issuance of the 2020 NAAQS standard. In August of 2019, the D.C. Circuit upheld the 2015 ozone NAAQS standard of 70 ppb against claims by environmental groups that the standard is too lax, but also rejected arguments by the NAM and other industry groups and states that the standard is too strict and fails to properly account for background sources of ozone. This ruling avoids the serious economic consequences that would have come with the court mandating a lower standard.

Related Documents:
Opposition Motion to Intervene  (July 17, 2017)
Industry Reply Brief  (September 14, 2016)
Intervenor Brief  (August 17, 2016)
Opening Brief  (April 22, 2016)