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1 1 (December 5, 2000)

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     Order Code RS20228
Updated December 5, 2000


Clean Air Standards: The Supreme Court Agrees
to Review American Trucking Associations v. EPA


                           Robert Meltz
                        Legislative Attorney
                        American Law Division

                        James E. McCarthy
                  Specialist in Environmental Policy
               Resources, Science, and Industry Division


Summary


    In1999, the U.S. Court of Appeals for the D.C. Circuit ruled that deficiencies in
EPA's promulgation of revised primary and secondary national ambient air quality
standards (NAAQSs) for ozone and particulate matter required that they be sent back to
the agency for further consideration. American Trucking Ass 'ns, Inc. v. U.S. EPA, 175
F.3d 1027 (D.C. Cir.), modifiedon rehearing, 195 F.3d 4 (D.C. Cir. 1999),petition for
cert. granted, 120 S. Ct. 2003 (May 22, 2000), 120 S. Ct. 2193 (May 30, 2000). Given
the perceived impact of these clean-air standards on the economy, it was unsurprising that
the judicial challenges were brought in roughly 50 separate actions - with two Members
of Congress (Rep. Bliley and Sen. Hatch) filing as amici on the side of the challengers.


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