In the Ozone NAAQS Litigation, opponents challenge the 2008 NAAQS as arbitrary and capricious, in light of the Clean Air Science Advisory Committee's recommendation of setting the protective standard in the range of 0.060-0.070 ppm. Simultaneously, separate litigation seeks to force EPA to implement the 2008 NAAQS, even while the 2008 NAAQS are being challenged in court.

In response to the President's request, EPA recently filed a notice with the D.C. Circuit Court explaining that it no longer intends to proceed with the draft reconsideration and that it does not oppose the setting of a briefing schedule for the Ozone NAAQS Litigation. As a result, litigation should resume in the near future.