6th Circuit Affirms EPA Approval of Northern Ky. Vehicle Program End
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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
Supporting KRC
Thank you for your interest in Kentucky's environmental and public health. Individual contributions from donors across the Commonwealth make it possible for KRC to do its work every day, including advancing environmental, energy, and public health policies in Kentucky.
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
Supporting KRC
Thank you for your interest in Kentucky's environmental and public health. Individual contributions from donors across the Commonwealth make it possible for KRC to do its work every day, including advancing environmental, energy, and public health policies in Kentucky.
If you're interested in making an investment in KRC, visit https://www.kyrc.org/get-involved/donate
By Kentucky Resources Council
on 10/20/2006 5:32 PM
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The Kentucky Resources Council is a non-profit, 501(c)(3) organization dedicated to the conservation and prudent use of Kentucky’s natural resources. Since 1984, we have dedicated ourselves to protecting Kentucky’s land, air, water, and communities.