Posted by Jonathan Adler:
Yet One More Bush EPA Air Rule Goes Down:
http://volokh.com/archives/archive_2009_02_22-2009_02_28.shtml#1235493367


   This morning, in a lengthy per curiam opinion, the U.S. Court of
   Appeals for the D.C. Circuit granted petitions of review filed by
   states and environmental groups against primary and secondary National
   Ambient Air Quality Standards (NAAQS) for fine particulate matter and
   remanded the standards to the Environmental Protection Agency (EPA).
   At the same time, the court denied both industry and environmental
   petitions challenging the NAAQS for coarse particulates. The decision
   in American Farm Bureau Federation v. EPA is [1]here.

   As I have [2]noted before, it is remarkable how poorly the Bush
   Administration's air pollution regulations have fared in federal
   court, even before the relatively conservative D.C. Circuit. In
   related news, yesterday the Supreme Court [3]denied the petition for
   certiorari seeking review of the D.C. Circuit's decision invalidating
   the Bush administration's regulations governing mercury emissions.

References

   1. http://pacer.cadc.uscourts.gov/common/opinions/200902/06-1410-1166572.pdf
   2. http://volokh.com/posts/chain_1219156411.shtml
   3. 
http://environmentallaw.wordpress.com/2009/02/23/supreme-court-denies-cert-in-mercury-case/

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