D.C. Circuit Rejects States' Challenge To EPA's Vehicle Emissions Model

On April 15, 2016, the United States Court of Appeals for the District of Columbia dismissed a challenge brought by Kansas and Nebraska to EPA's new vehicle emissions model, "MOVES2014." State of Kansas et al. v. EPA et al., No. 14-1268. The model notably discourages the use of ethanol in gasoline, concluding that it leads to higher fuel emissions.

Kansas and Nebraska, two of the nation's largest corn-producing states, brought a lawsuit to overturn the model. The lawsuit alleged that EPA relied on flawed data in reaching its conclusions concerning ethanol. The states alleged potential injury in the form of future ozone nonattainment area designations, which would require the states to limit the use of ethanol in fuel as part of compliant State Implementation Plans ("SIPs"). The states also alleged "secondary injury" under the theory that other nonattainment states will use MOVES2014 and decrease their ethanol use as well. Finally, the states claimed that EPA issued