Petition of the day

The petition of the day is:

American Road & Transportation Builders Association v. Environmental Protection Agency
13-145

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: Cases in the Pipeline

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