EPA Can't Dodge Del. Pollution Deadline, 3rd Circ. Told

Law360 (March 6, 2018, 8:27 PM EST) -- Delaware urged the Third Circuit on Tuesday to vacate a U.S. Environmental Protection Agency decision to delay action on the state’s petitions seeking to curb pollution seeping across Delaware's border from power plants in nearby states, arguing that the agency can’t escape the statutory 60-day deadline to act.

The First State’s petitions, lodged under Section 126 of the Clean Air Act, sought to force the EPA’s hand in regulating pollution the state says contributes to unhealthy ground-level ozone, or smog, levels within its own border. Delaware claims...
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