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Court Upholds EPA NOx Monitoring Rule

A federal rule limiting the oxides of nitrogen content of ambient air to 100 parts per billion has been upheld by the U.S.
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A federal rule limiting the oxides of nitrogen content of ambient air to 100 parts per billion has been upheld by the U.S. Court of Appeals in Washington, D.C.

The standard drafted by the Environmental Protection Agency in 2010 would establish a monitoring requirement for areas surrounding urban highways. The rule would require monitors along roadways in cities with populations of at least 500,000 people and throughout the urban area for cities of 1 million or more.

The American Petroleum Institute challenged the rule as arbitrary and capricious. The API argued that the EPA reviewed studies selectively to support its conclusions. In rejecting that claim, the court's three-judge panel said the EPA had adequately documented the respiratory damage and other harm to public health caused by high NOx levels.

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