The petition of the day is:
Issue: (1) Whether the lower court’s refusal to require the Environmental Protection Agency (EPA) to justify the revised 2008 national ambient air quality standards as being “not lower or higher than is necessary” can stand in light of that decision’s conflict with Whitman v. American Trucking Ass’ns; and (2) whether the lower court’s agreement with the EPA that the 1997 findings were irrelevant to the 2008 revision can stand in light of the EPA’s obligation under this Court’s decision in Federal Communications Commission v. Fox Television Stations, Inc. to justify changed findings that underlie changed regulation.
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