Tag Archives: “Midwest Ozone Group v. EPA”

It’s More Important for EPA to Ensure that States Are Good Neighbors Than That They are Perfect Neighbors

Last week, D.C. Circuit Court of Appeals rejected challenges to EPA’s “Revised Cross-State Air Pollution Update Rule”.  The Court found that the Rule was “an appropriate exercise of EPA’s statutory authority”. 

I find the decision noteworthy for two reasons.  First, the decision is a full-throated endorsement of judicial deference to agency decision-making.  Of course, this isn’t a Chevron case;… More