Judges Question Whether EPA ‘Once In’ Air Toxics Memo Is ‘Final Action’

Appellate judges, during April 1 oral arguments, questioned whether EPA’s memo rescinding its longstanding “once in, always in” air toxics policy represents “final agency action” subject to judicial review, though they gave no clear indication of how they would rule. During argument in California Communities Against Toxics, et al. v. EPA, at al. , a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit sharply questioned lawyers for EPA, environmentalists and California on why the...