American Road & Transportation Builders Association v. Environmental Protection Agency

MEMORANDUM OPINION

RUDOLPH CONTRERAS, District Judge.

For the last ten years, the American Road and Transportation Builders Association (“ARTBA”) has sought to alter the regulations implementing section 209(e) of the Clean Air Act. The Environmental Protection Agency (“EPA”) has consistently denied its petitions. In 2009, the D.C. Circuit dismissed a challenge to one such denial; two other challenges are currently pending in the courts of appeals. ARTBA now asks this court to review the EPA’s denial of its petitions. But only the courts of appeals may review final action taken under the Clean…