EPA Moved Goal Posts As NY Sought To Limit Ozone: DC Circ.
Law360 (July 14, 2020, 5:01 PM EDT) -- The U.S. Environmental Protection Agency improperly denied New York's request for stronger ozone emission controls in upwind states by "moving the finish line" and relying on faulty legal conclusions, the D.C. Circuit said Tuesday.
When the EPA denied the Empire State's petition to require controls at roughly 350 sources, including power plants, in nine upwind states, the agency said New York failed to establish that the sources significantly contribute to the state's inability to meet 2008 and 2015 ozone air quality standards or that pollution reductions could be made at the sources through cost-effective controls. But a three-judge appellate panel sided...
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