6th Circuit Appears Open To Challenge On EPA Exceptional Events Finding

A three-judge panel of the 6th Circuit, during arguments over one of the first challenges to a decision under EPA’s exceptional events policy for air quality standards, is appearing receptive to environmentalists’ claims that data do not support the agency’s decision to exclude two ozone exceedances in Detroit blamed on Canadian wildfires. While the litigation is fact-specific, Nicholas Leonard of the Great Lakes Environmental Law Center tells Inside EPA that the court’s resolution of the exceptional events issue is...