The first new U.S. standard for nitrogen dioxide in at least 35 years was upheld by a federal appeals court, which said the Environmental Protection Agency had the authority to attempt to improve air quality around the nation’s busiest roadways. [Businessweek] A three-judge panel of the U.S. Court of Appeals in Washington today threw out a challenge by the American Petroleum Institute to regulations restricting the peak amount of nitrogen dioxide, or NO2, from tailpipes and smokestacks that can be present in the air during a one-hour period. Levels of the toxic gas are limited to a one-hour standard of 100 parts per billion.
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