National Environmental Development Association's Clean Air Project v. Environmental Protection Agency, et al., 686 F.3d 803 (D.C. Cir. 2012)

(defendant did not act arbitrarily and capriciously under Clean Air Act in setting one-hour concentration of sulfur dioxide at no more than 100 parts per billion even though such standard based on unpublished, nonpeer-reviewed study and where defendant ignored published, peer-reviewed study suggesting that lower standard would pose no harm to human health; decision whether to utilize only peer-reviewed studies at discretion of defendant and defendant explained that study submitted too late in rulemaking process to be evaluated; challenge to rulemaking procedure not within court's jurisdiction and is dismissed).