Court Leans Toward Extending Interstate Air Rule Stay In West Virginia

A divided regional appeals court panel appears inclined to grant West Virginia’s request for a continued stay of EPA’s disapproval of the state’s interstate ozone plan, a move that would extend a freeze on implementing the federal Good Neighbor Plan (GNP) rule in the state, amid intense uncertainty over the rule’s future nationally. During an Oct. 27 hearing, a three-judge panel of the U.S. Court of Appeals for the 4th Circuit seemed to split 2-1 on whether to confirm that...