The petition of the day is:


Issue: (1) Whether §307(b)(1) of the Clean Air Act allows petitioning for direct review within 60 days of the denial of a petition under 5 U.S.C. § 553(e) petition that presents after-arising issues; (2) whether § 307(b)(1) prohibits indirect review of an agency rule – outside the original 60-day window – if made as part of a timely challenge to new agency action that applies the prior rule.

Posted in American Road & Transportation Builders Association v. Environmental Protection Agency, Cases in the Pipeline

Recommended Citation: Mary Pat Dwyer, Petition of the day, SCOTUSblog (Dec. 16, 2013, 10:04 PM),