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09-1405 & 10-2123 Natural Resources Defense Council v. Jackson

By: WISCONSIN LAW JOURNAL STAFF//June 16, 2011//

09-1405 & 10-2123 Natural Resources Defense Council v. Jackson

By: WISCONSIN LAW JOURNAL STAFF//June 16, 2011//

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Natural Resources
Clean Air Act

The EPA’s 2002 rules that determine when polluters need permits in order to modify existing facilities and what restrictions they carry do not violate the Clean Air Act.

“The experience in the states that have implemented the 2002 revisions may vindicate the EPA or may refute it; as long as the judiciary remains behind the veil of ignorance, it must accept the EPA’s projections. An agency that clings to predictions rather than performing readily available tests may run into trouble. See Bechtel v. FCC, 10 F.3d 875 (D.C. Cir. 1993). At some point, preferring predictions over facts is no longer rational. But challengers who fail to put data in the administrative record—likely because this record was assembled before data from other states became available—cannot complain that the agency continues to rely on models.”

Petitions Denied.

09-1405 & 10-2123 Natural Resources Defense Council v. Jackson

Petitions for Review of Orders of the Environmental Protection Agency, Easterbrook, J.

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