DC Circ. Says EPA Must Set Cross-State Emission Deadlines

Law360 (September 13, 2019, 4:18 PM EDT) -- The D.C. Circuit on Friday said the U.S. Environmental Protection Agency should have imposed ozone emission reduction deadlines on states whose pollution makes it harder for states that lie downwind to comply with limits imposed by the Clean Air Act.

The panel said the "good neighbor" provision of the Clean Air Act imposes requirements on upwind states to reduce emissions if they significantly contributed to high levels in states downwind and that the absence of deadlines for upwind states can't be reasonably defended. The panel upheld the rest of the 2016 updated guidelines for the good neighbor provision, denying challenges by environmental...

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