EPA’s Rejection Of Criticisms Signals Likely Suits Over Ozone Downgrades

EPA’s decisions to downgrade multiple areas’ “nonattainment” status with federal ozone standards appear likely to spur fresh litigation, given the agency’s rejection of many criticisms from state and industry officials of the reclassifications, according to recently published EPA responses to public comments. In a response to comments document recently uploaded to the agency’s regulatory docket, EPA outlines its rejection of the criticisms with regard to nonattainment areas reclassified from “serious” to “severe” nonattainment with the 2008 ozone national ambient air...