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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!