Inside EPA - 05/15/2020

D.C. Circuit Judges Split Over States’ Interstate Ozone Petition ‘Burden’

May 7, 2020
Appellate judges at May 7 argument appeared split over the burden of evidence states must provide EPA to succeed with Clean Air Act petitions seeking direct agency emissions limits on ozone pollution sources in upwind states, and are weighing Sierra Club’s call to remand a recent petition denial to EPA for lacking an adequate justification. The case, State of New York, et al. v. EPA, et al. , pending in the U.S. Court of Appeals for the District of Columbia...


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