by Ben Lieberman
February 12, 2002

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Summary

In 1999, the United States Court of Appeals struck down the new ozone NAAQS. Among other things, the Court faulted the agency for failing to take into account the potential adverse health consequences from the new NAAQS, and remanded the rule to the agency for further consideration. Nonetheless, EPA is now proposing to reaffirm the rule without change.

As the following comments demonstrate, the agency’s proposed response to remand has done nothing to satisfy the concerns raised by the Court of Appeals, and the agency’s ozone NAAQS remains in violation of the Clean Air Act (CAA).

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