Agency Discretion and Restoring the Reign of Reason to the NSR Program
February 6, 2006C. Boyden Gray, David B. Rivkin, Jr., Lee A. Casey, Mark DeLaquil
On February 8, 2006, the United States Court of Appeals for the District of Columbia Circuit will hear oral arguments in New York v. EPA ("New York II"). The court will decide whether EPA acted lawfully in promulgating a key Clean Air Act reform, the Equipment Replacement Provision ("ERP"). By now, the problems with the Clean Air Act's 1970s-era command-and-control aspects have been well documented, and have prompted corrective actions by EPA. The ERP is part of a series of measures by the Bush Administration revamping outdated programs to enhance air quality benefits, while reducing costs to regulated entities, and to society as a whole.