Edward M. Ober Robin D. Silver v. United States Environmental Protection Agency

OVERVIEW

This is a petition to review a final decision rendered by the Environmental Protection Agency (EPA) under the Clean Air Act. The EPA approved Arizona’s State Implementation Plan (Implementation Plan or SIP) for the control of airborne particulate matter in Phoenix, determining that it complied with the requirements of the Clean Air Act and the guidelines promulgated thereunder. Petitioners, Phoenix residents adversely affected by excessive levels of airborne particulates, believe that the EPA’s approval of Arizona’s Implementation Plan violated the Clean Air Act and the Administrative Procedure Act. The American Lung Association and the American Lung Association of Arizona filed an amicus curiae brief in support of this petition. We grant the petition, vacate EPA’s approval of the PM-10 Implementation Plan for Phoenix, and remand to EPA

STATUTORY OVERVIEW

Pursuant to the Clean Air Act, the EPA identified particulate matter under ten microns in size (PM-10) as a criteria pollutant to be regulated under state and federal programs. The EPA promulgated the National Ambient Air Quality Standards (NAAQS) to specify the maximum permissible concentrations of the criteria…