Legal Brief- EPA Authority to Reconsider Air Quality Standards

ARTBA led a coalition of 14 national trade associations in filing an amicus brief before the U.S. Supreme Court supporting review of a lower court decision involving the Environmental Protection Agency’s (EPA) authority to reconsider National Ambient Air Quality Standards (NAAQS) under the Clean Air Act. The coalition argued that EPA should be permitted to consider costs, feasibility, and practical consequences when deciding whether to initiate an early review of existing standards, even though those factors cannot determine the standards themselves. The brief emphasized that restrictions on EPA’s reconsideration authority could create regulatory uncertainty and increase costs and delays for transportation construction projects.

Read the full brief here.