EPA Says Ozone Fee Guide 'Interpretive' Rule Exempt From Court Review

EPA in a new legal brief says its guidance allowing states to propose alternatives to imposing fees on emission sources contributing to ozone pollution is at most an “interpretive” rule not subject to court review, in a bid to have a federal appeals court reject environmentalists' lawsuit asking the court to vacate the guidance. In the Jan. 7 brief filed with the U.S. Court of Appeals for the District of Columbia Circuit the agency also reiterates arguments that the guidance...