April 1, 2013 / 2:21 PM / in 5 years

U.S. justices reject challenge to EPA air pollution rule

By Lawrence Hurley
    WASHINGTON, April 1(Reuters) - The U.S. Supreme Court on
Monday rejected a challenge by the oil lobby disputing a U.S.
Environmental Protection Agency air pollution rule.    
    Various industry groups, including the American Petroleum
Institute, originally challenged the 2010 regulation, which set
a tighter Clean Air Act standard for short-term spikes in
nitrogen dioxide pollution near roads.
    The Supreme Court's decision not to take the case means the
rule remains intact.
    The agency said the new rule was justified due to scientific
data that showed the health risks, particularly to those
suffering from asthma.
    The U.S. Court of Appeals for the District of Columbia
Circuit upheld the rule in a July 2012 ruling.
    The American Petroleum Institute sought high court review,
claiming the EPA justification for the rule was based on a
"purely hypothetical threat to the public health."
    The group's lawyers asked the court to limit EPA's authority
so that the agency can only consider "actual or reasonably
anticipated" health threats.
    The Obama administration said in court papers that the
appeals court decision was consistent with Supreme Court
   The case is American Petroleum Institute v. EPA, U.S. Supreme
Court, No. 12-760.

 (Reporting by Lawrence Hurley; Editing by Kevin Drawbaugh and
Sofina Mirza-Reid)

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