Notes
A motion filed by the U.S. EPA and Department of Justice in the D.C. Circuit Court of Appeals seeking vacatur of an EPA rule that revised National Ambient Air Quality Standards (NAAQS). The motion argues that EPA lacked statutory authority to revise the standards without completing the thorough review required by Section 109(d)(1) of the Clean Air Act, and that EPA unreasonably ignored costs when deciding to undertake a discretionary mid-cycle review. The respondents argue vacatur is appropriate because EPA exceeded its statutory authority and failed to consider a relevant aspect of the problem.