States Clash In Early Court Arguments Over EPA 111(d) Implementing Rule

February 23, 2024
Separate coalitions of Republican and Democratic states are clashing in court about EPA’s Clean Air Act section 111(d) implementing rule that outlines how states write compliance plans for federal climate standards, with early filings raising whether the agency unlawfully limits states’ discretion in creating their plans. GOP-led state officials in a Feb. 20 statement of issues outline their planned arguments in State of West Virginia, et al. v. EPA before the U.S. Court of Appeals for the District of Columbia...

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