NYC, States Say EPA Can't Duck Ozone Pollution Obligations

Law360 (August 19, 2019, 3:13 PM EDT) -- Now that the U.S. Environmental Protection Agency has downgraded the New York City metropolitan area's ability to meet national ozone standards, the Big Apple and several states told the D.C. Circuit the agency can't justify not requiring upwind, ozone-polluting states to further clean up their air.

New York state, New York City, Connecticut, Delaware, Maryland, Massachusetts and New Jersey are challenging the EPA's December decision not to require stricter emissions controls on upwind states through the “good neighbor provision” of the Clean Air Act. With oral arguments in the case just a month away, the challengers noted that the EPA in...

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