Natural Resources Defense Council, Inc. v. Environmental Protection Agency

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Natural Resources Defense Council, Inc. (“NRDC”) challenges the Environmental Protection Agency’s enhanced emission source monitoring rule, known as Compliance Assurance Monitoring, promulgated pursuant to the 1990 Clean Air Act Amendments. Various industry groups challenge EPA’s “any other material information” certification requirement which pertains to collecting evidence to prove or disprove Clean Air Act compliance. After considering the parties’ arguments and reviewing the record, we hold that EPA’s enhanced…