Feb 17, 2021

Environmental Groups File Suit to Overturn “Do Nothing” (Ozone Standards)

Ozone Quality

Environmental groups have sued the EPA to overturn its December 31st rule retaining Obama Era National Ambient Air Quality Standards (NAAQS) for ozone.  The suit alleges that the Trump EPA ignored science and mounting evidence that serious health harms occur due to ozone exposure at levels below the current NAAQS.  Litigation is likely to focus heavily on the truncated NAAQS review process used by the Trump administration which allegedly failed to properly analyze the latest science on health risk, resulting in a predetermined outcome favored by industry which did not propose tighter regulation.  The EPA, in its December rule, retained… Read more

Aug 17, 2015

EPA’s Cross-State Air Pollution Rule Affirmed by DC Circuit

In a unanimous ruling, the U.S. Court of Appeals for the D.C. Circuit largely affirmed EPA’s Cross-State Air Pollution Rule (CSAPR) on July 28. EPA v. EME Homer City Generation, L.P. (D.C. Cir. July 28, 2015). CSAPR is the emissions trading program to address interstate pollution from power plants.  The case was on remand to the D.C. Circuit from the Supreme Court, which largely upheld the rule in 2014.  The D.C. Circuit still had to rule on several objections to CSAPR from industry and some states. In an opinion by Judge Brett Kavanaugh, the court upheld several principles underlying CSAPR, such as… Read more