EPA Fights Regional Suits On State Air Plan Denials In Bid To Protect CSAPR

Seeking to protect the legal basis of the newly expanded Cross-State Air Pollution Rule (CSAPR), EPA is fighting a growing number of suits in regional appeals courts targeting the agency’s rejection of many states’ interstate air plans, arguing the litigation belongs only in the District of Columbia Circuit, as more states sue to overturn the plan denials. The Feb. 13 EPA rule denying the “good neighbor” state implementation plans (SIPs) of 19 states outright, and a further two states in...