On July 2, Boyden Gray & Associates filed the Petitioners’ opening brief in Kansas v. EPA (D.C. Cir. No. 14-1268), challenging EPA’s new vehicular emissions model. In the challenged rule, which was promulgated without notice and an opportunity for comment, EPA requires States to use its new model, MOVES2014, in developing state implementation plans for compliance with National Ambient Air Quality Standards under the Clean Air Act. The brief explains that the rule is procedurally unlawful because it violates the requirements of the Administrative Procedure Act, and the model is arbitrary and capricious because its estimates of ethanol’s emissions effects are based on a fundamentally flawed fuel effects study that blamed ethanol for pollution caused by other additives in the test fuels.

Boyden Gray & Associates represents the States of Kansas and Nebraska, the Energy Future Coalition, and Urban Air Initiative, Inc.