SUIT CHALLENGES EPA'S FACTORS TO DESIGNATE PM2.5 NONATTAINMENT AREAS

States and power companies are raising concerns over the factors EPA used to designate a slew of counties as out of attainment with the agency's standards for fine particles (PM2.5) by claiming in recently filed briefs the factors cannot be used because they never faced public comment. If the legal challenge succeeds, it would be significant because it would undermine EPA's basis for designating areas in nonattainment. However, one environmentalist involved in the suit says the argument may not succeed...