Dive Brief:

• The DC Circuit Court of Appeals this week rejected North Carolina's lawsuit targeting implementation of fine particulate standards, saying the state waited far too long to file its challenge.
• The state had 60 days to file but submitted its suit in December of last year – significantly past the 2010 implementation rule.
• The particulate standards target small particle pollution from coal-fired power plants, which can cause irritation in the eyes, nose and lungs, complicate respiratory illnesses, and even lead to death in vulnerable populations such as children, the elderly, and the infirm. 

Dive Insight:

When the North Carolina DENR filed its lawsuit against the U.S. Environmental Protection Agency's PM2.5 Increment Rule last year, it was significantly late in doing so according to a federal appeals court. While the state argued it should be allowed its day in court because EPA had signaled it might consider altering the rule, that didn't pass muster with the D.C. Circuit.

"The Clean Air Act does not toll filing deadlines for such niceties," the court wrote, according to Argus.

DENR's lawsuit challenged parts of the EPA's PM2.5 rule, requiring states to adopt regulations satisfying the new increment requirements for particulate matter smaller than 2.5 microns. EPA's rule treats PM2.5 as a new pollutant, North Carolina argued, setting a baseline year of 2010. Previous particulate matter regulations retained 1975 baseline data, the state said.

The state had been wary of finalizing rules that were inconsistent with the court decision, explaining it had hoped to see the EPA amend the PM2.5 Increment Rule.