10th Circ. Haze Plan Ruling Leaves States At EPA's Mercy

Law360, New York (July 22, 2013, 9:00 PM EDT) -- By backing the U.S. Environmental Protection Agency's power to reject Oklahoma's emissions control plan for haze-causing pollution, attorneys say the Tenth Circuit made it tougher for states to assert much-coveted local control over air issues to avoid costly federal standards.

At issue were the EPA's requirements for retrofitting existing facilities to meet newer pollution standards. Claiming the agency's plan was far too expensive, Oklahoma questioned its authority to reject the state's cheaper pollution-reduction strategy.

But the appeals court said the EPA did not violate the Clean Air Act...
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