|RECENT FEDERAL DECISIONS|
EPA’s Decision to Permit State to Move Vehicle Inspection Program to Contingency Status Is within EPA’s Sound Discretion
To read this entire item of approximately 1100 words online now in PDF format:
Click here to read this item if you are an existing subscriber to this publication.
Click here to purchase the full text of this item to read now (price: $25).
To subscribe to this publication and immediately access all its archives including this item, select the relevant publication under 'Catalogue' in the left-hand column
PLEASE NOTE: to read PDFs on www.argento.com you must be using Version 5 of Acrobat Reader or Adobe Reader. If you have an earlier version you can download the latest free of charge by clicking here
Kentucky Resources Council, Inc., v. U.S. Environmental Protection Agency, ___F.3d___
Petitioner’s challenged U.S Environmental Protection Agency’s (EPA)s final rulemaking action approving revisions to Kentucky’s State Implementation Plan (SIP). Under the EPA-approved revisions, Kentucky was allowed to move its vehicle inspection and maintenance (I/M) program for three Kentucky counties from the active, or “regulatory” portion of the SIP, to the contingency measures portion of the SIP. Petitioner argued that the I/M program fell within the “applicable requirements” language of the Clean Air Act’s (CAA) § 51.900(f), thereby remaining subject to an ongoing obligation to implement the I/M program. Applying the second prong of the Chevron test of statutory interpretation, the 6th Circuit held that EPA properly invoked its rights under the statute to exercise “regulatory flexibility,” thereby acting consistently within the statutory language and scheme by holding that the I/M program meet the statutory conditions for moving this program into contingency measures.
The information contained on this page is presented for your convenience as news and analysis. It is not intended as legal advice, nor should it be relied upon as such. Please consult an attorney for advice in your case or matter
Read related items on:
Statutes - Federal) Clean Air Act) National Ambient Air Quality Standards
Statutes - Federal) Clean Air Act) State Implementation Plans
Statutes - Federal) Clean Air Act) Vehicle Emissions
Kentucky) All State
6th Circuit Court of Appeals
Clean Air Act
Kentucky Resources Council, Inc. v. U.S. Environmental Protection Agency