D.C. Circuit Bolsters State Monitoring of Air Pollution

August 20, 2008

Ruling against the Environmental Protection Agency and the American Petroleum Institute, a federal appeals court on Tuesday rejected a Bush administration rule that restricted states' ability to supplement monitoring requirements of the Clean Air Act. The D.C. Circuit left open the question of whose opinion wins when state authorities and the EPA conflict over whether a given requirement is sufficient to ensure compliance with the Clean Air Act.