D.C. Circuit Primed For Argument In ‘Retroactive’ Ozone Designation Suit

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit will hear oral argument Dec. 7 in litigation brought by Texas and a Colorado county against EPA’s wider determinations of “nonattainment” with federal ozone limits for El Paso and Denver, with Texas alleging EPA’s decision is “retroactive” and therefore unlawful. Chief Judge Sri Srinivasan and Judges Gregory Katsas and Judith Rogers will hear the case, Board of County Commissioners of Weld County, CO, et al...