Appellate Judges Give Few Signs On Legality Of 2021 Cross-State Air Rule

Judges on the U.S. Court of Appeals for the District of Columbia Circuit are giving few indications of whether they will uphold EPA’s 2021 revision of the Cross-State Air Pollution Rule (CSAPR) in the face of industry’s legal attacks, following oral arguments in a case that could affect the agency’s pending plan to significantly expand the rule. During Sept. 28 oral argument in Midwest Ozone Group (MOG) v. EPA, et al., Judges Robert Wilkins, Neomi Rao and J. Michelle...