D.C. Circuit Split On Procedural Bar In Suit Over EPA Air Permitting Policy

Appellate court judges at oral argument appeared split over environmentalists’ suit challenging an EPA guidance that critics say makes it easier to avoid strict Clean Air Act permitting reviews, with two judges doubting it is a “final” action subject to court review while the third judge questioned the agency’s legal basis for the guidance. A U.S. Court of Appeals for the District of Columbia Circuit panel including Chief Judge Merrick Garland, Circuit Judge Robert Wilkins and Senior Circuit Judge A...