And Yet Another Bush EPA Air Rule Invalidated:

Today the U.S. Court of Appeals for the D.C. Circuit invalidated yet another of the Bush EPA's air pollution regulations. In this case, NRDC v. EPA, the D.C. Circuit struck down various rules promulgated in 2005 and 2007 involving implementation of the 8-hour National Ambient Air Quality Standard for ozone. As I have noted before (see, e.g., here and here), the EPA has had a particularly difficult time defending air pollution regulations adopted under the Bush Administration, both those related to the Administration's "Clear Skies" initiative and otherwise.

Not every challenged air pollution control decision made by the EPA under the Bush Administration has been invalidated, however. Indeed, earlier this week, in Catawba County v. EPA, another panel of the D.C. Circuit largely upheld the EPA's area designations for application of the national ambient air quality standards for fine particulates. Still, the Bush EPA's record at making air pollution policy decisions capable of withstanding judicial review was quite poor -- remarkably so.