10th Circ. Rejects Okla. Challenge to EPA Sulfur Rule

Law360, New York (July 19, 2013, 4:49 PM EDT) -- The Tenth Circuit on Friday upheld the U.S. Environmental Protection Agency's plan to fight haze-causing pollution in Oklahoma, saying the agency had the authority to review — and reject — a less stringent emissions control plan proposed by the state.

A divided three-judge appeals panel rejected the Oklahoma attorney general's challenge to an EPA Clean Air Act rule that would force coal-fired power plant operators to either install emissions-reducing sulfur dioxide scrubbers or phase out their coal-based power generation entirely. A stay issued by the appeals...
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