Ruling May Block Future Challenges To Federal Air Permit Programs

A federal appeals court has set what could be a decisive precedent blocking court challenges to state implementation of federal air permitting requirements by ruling that EPA decisions on whether to sanction states for inadequate program implementation are not subject to judicial review. Environmentalists are alarmed by the decision, saying it could pave the way for future legal arguments to prevent judicial review of other EPA actions. The decision in the U.S. Court of Appeals for the Sixth Circuit affirms...