RECENT FEDERAL DECISIONS

September 2003

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EPA Wrongly Denied California’s Waiver Request to Federal Oxygenated Gas Standards by Not Evaluating Waiver’s Beneficial Effects on Particulate Matter.
Gray Davis v. U.S. Environmental Protection Agency

On July 17, 2003, the Ninth Circuit Court of Appeals ruled that the United States Environmental Protection Agency (EPA) wrongly denied California’s request for a waiver of the federal reformulated gasoline (RFG) program’s oxygenated gasoline requirement. Although the court found that California failed to clearly demonstrate that a waiver would reduce ozone emissions, it forced the EPA to consider the waiver’s potential benefits on particulate matter (PM) emissions.