Reconsideration of PSD Final Rules
NCLC urged the DC Circuit to grant its motion to intervene in a case seeking review of final rules for EPA's permitting program under the Clean Air Act. The American Chemistry Council, among others, argues that the final rules, implemented in 1978, 1980, and 2002, require reconsideration because the EPA's Tailpipe Rule has provided new information that mandates a reexamination of the existing rules. NCLC argued that this challenge overlaps with the Chamber's other challenges of EPA rules, and that the court should therefore permit NCLC to intervene.
The U.S. Court of Appeals for the D.C. Circuit ruled that the petitioners timely challenged the rules because the new GHG regulations submitted the petitioners to regulation under the Clean Air Act for the first time; however, the court agreed with the EPA's construction of the term "any air pollutant."