The Case: The U.S. Court of Appeals for the District of Columbia Circuit on Thursday will hear arguments in Kansas v. EPA (No. 14-1268), litigation over the EPA’s 2014 update to its Motor Vehicle Emission Simulator, also known as MOVES2014.
What’s at Stake: Kansas, Nebraska, the Energy Future Coalition and Urban Air Initiative Inc. want the court to vacate the 2014 update to the MOVES model, which is used by states to craft implementation plans for complying with national ambient air quality standards and to demonstrate transportation conformity under those plans. The EPA updated the MOVES tool to reflect new emissions control programs and revise modeling for emissions related to ethanol and gasoline sulfur.
The Arguments: The petitioners argued in their brief that the MOVES2014 tool is “fatally flawed” in its modeling of ethanol. The petitioners said the EPA relied on flawed data derived from a fuel effects study, which attributed increased criteria pollutant emissions to an increase in the ethanol content of gasoline. The petitioner briefs also alleged that the EPA violated the Administrative Procedure Act by not providing a public notice and comment period on the decision to revise the modeling tool.
EPA’s Defense: The EPA argued in its brief that the D.C. Circuit should dismiss the case over a lack of jurisdiction because the revision does not constitute a final agency action under the Clean Air Act. The agency said if the court does reach the merits arguments, the panel should defer to the EPA’s scientific expertise and uphold the revisions.
The Panel : Judges Patricia Millett, Robert Wilkins and A. Raymond Randolph will hear arguments Feb. 11, starting at 9:30 a.m. at the E. Barrett Prettyman U.S. Courthouse in Washington, D.C.
By Patrick Ambrosio, firstname.lastname@example.org
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)