4th Circuit Blocks EPA’s Denial Of West Virginia SIP, Another Blow To GNP

A divided appellate court has granted West Virginia’s motion to stay EPA’s disapproval of the state’s interstate ozone plan pending merits argument, and rejected the agency’s efforts to move litigation to the District of Columbia Circuit, dealing another blow to the Good Neighbor Plan (GNP) program ahead of Supreme Court arguments on the issue. In its 2-1 opinion issued Jan. 10, a split panel of the U.S. Court of Appeals for the 4th Circuit finds that a stay of EPA’s...