Tag Archives: “New York v. EPA”

Yesterday, the D.C.. Circuit Court of Appeals granted New York’s petition appealing EPA’s rejection of New York’s request under Section 126 of the Clean Air Act to require emissions reductions from upwind states alleged to be contributing to New York’s noncompliance with the ozone NAAQS.  The Court found that:

The EPA offered insufficient reasoning for the convoluted and seemingly unworkable showing it demanded of New York’s petition.… More

On Tuesday, the District of Columbia Court of Appeals vacated EPA’s “Close-Out Rule,” which basically concluded that upwind states contributing to exceedances of the National Ambient Air Quality Standard for ozone in downwind states did not have to undertake any additional actions to reduce their contribution to downwind state ozone concentrations.  The decision was inevitable following last month’s decision in Wisconsin v. EPA,… More