Early Regional Suits Over New CSAPR Suggest Broad Venue Fight For EPA

June 6, 2023
Early lawsuits filed in regional appeals courts by cement firms against EPA’s expanded and tightened Cross-State Air Pollution Rule (CSAPR) pose immediate problems for the agency, which is seeking to keep litigation in the U.S. Court of Appeals for the D.C. Circuit, and point to likely widespread challenges in multiple courts that may undermine a single federal interstate air policy. In separate petitions for review filed on June 5 in the 9th and 10th circuits, two local cement companies challenge...


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