Ed Klim, ISMA US Circuit Court of Appeals Supports EPA Snowmobile Emissions Rule HASLETT, MI (June 3, 2004) The DC Circuit Court of Appeals recently issued its decision supporting the published EPA snowmobile emission rule, which was challenged by the Bluewater Network, in Bluewater Network v. EPA. The decision upheld the original emission standards set in November of 2002. The International Snowmobile Manufacturers Association (ISMA) worked with the EPA in the development of reasonable and technically feasible emission standards. Phase I was developed for the 2006 model year, Phase II was developed for the 2010 model year, and Phase III was developed for the 2012 model year. The Court accepted ISMA's position that the Clean Air Act contains certain statutory limits on the Agency's authority to regulate snowmobile emissions. The Court also found that the EPA was permitted under the Clean Air Act to: "rely on costs and other statutory standards to set standards." The Court stated that it did "not view the standards adopted as facially unreasonable, and found no evidence in the record contradicting the Agency's ultimate decision." The Court did find the EPA owed a more detailed explanation of how it arrived at the final Phase III standards when applying the Clean Air Act's statutory criteria. The Court strongly rejected Bluewater Network's statutory challenges to the EPA standards, finding the EPA is NOT required to: (1) issue standards based solely on a determination that a particular technology will be available, (2) "set standards at a level of stringency that would require discontinuation of all vehicles other than those satisfying ''basic demand," or (3) issue standards requiring catalysts. ISMA will provide any data requested by the EPA that is required by the court to explain the challenges in meeting the Phase III (2012 model year) standards. The industry clearly supports the Agency in its effort to obtain all necessary information needed to fully explain the basis for the final Phase III standards. The snowmobile manufacturers are now building EPA-certified sleds and are preparing to meet the initial phase of the EPA standard, which begins with model year 2006. The snowmobile manufacturers have proven to be good stewards of the land and are sensitive to important environmental issues put forth by the EPA and others. The manufacturers are pleased that the fringe positions put forth by the Bluewater Network were properly defined and dismissed by the DC Court. |