Supreme Court will not hear industry challenge to EPA ozone standard [US]

The Supreme Court has denied a petition from an industry group that sought to declare EPA’s 2008 ozone rule too strict.  The rule, issued under President Bush in 2008, lowered the ground-level ozone standard to 75 parts per billion (ppb) from 80 ppb.  EPA is currently considering whether to further tighten the standard.  (See related article from this week).

The Supreme Court has declined to hear a petition from an industry group that sought to declare EPA’s 2008 ozone rule too strict. EPA’s ground-level ozone standard, or National Ambient Air Quality Standard (NAAQS) is currently set at 75 ppb, which was lowered from 80 ppb by President Bush in 2008.  Areas that exceed the NAAQS must take actions to lower the concentration.

Under a different court ruling, EPA must decide by December 2014 whether to propose new restrictions on ozone.  Proposed rules would have to be finalized by October 2015.  EPA’s scientific advisers propose a standard of 60 ppb – 70 ppb to adequately protect the public health and welfare.  EPA has sent a proposal to the White House for review, but it will not be clear until December whether the agency will propose a tighter standard.

EHS Legal Counsel

Source:

Timothy Cama, Supreme Court won’t hear challenge to EPA ozone standard, The Hill, October 6, 2014