6th Circuit Affirms EPA Approval of Northern Ky. Vehicle Program End Posted: October 20, 2006
In a 12-page published opinion, a 3-judge panel of the 6th Circuit rejected KRC's challenge to the Environmental Protection Agency's approval of a revision to the Northern Kentucky State Implementation Plan that eliminated the vehicle inspection and maintenance program.
While acknowledging that "EPA's reading of [it's regulations] is not necessarily the most natural" and that "EPA urges a somewhat strained reading" the Court upheld the regulation as a matter of deference to the agency. The Court rejected KRC's other arguments concerning the approval.
KRC will very likely seek rehearing and rehearing before a full panel of the 6th Circuit, in light of the clear conflict between EPA's interpretation of its regulations and the language of those regulations.
The opinion can be read at http://www.ca6.uscourts.gov/opinions.pdf/06a0386p-06.pdf