EPA Defends Expanded Ozone ‘Nonattainment’ Zones In Key Legal Tests

September 7, 2022
EPA is defending its decision to expand areas around El Paso and Denver deemed in “nonattainment” with federal ozone standards from legal attacks by Texas and Weld County, CO, rejecting Texas’ claims that the agency action is unlawfully “retroactive,” and criticisms of its technical methodology by Weld County officials. The suit, Board of County Commissioners of Weld County, CO, et al ., now before the U.S. Court of Appeals for the District of Columbia Circuit, tests key agency powers and...


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