‘Good Neighbor’ SIP Cases Transferred To D.C. Circuit Amid Justices’ Review

February 22, 2024
A federal appellate court has granted EPA’s request to transfer two states’ cases against its denial of their interstate ozone plans to the U.S. Court of Appeals for the D.C. Circuit, potentially boosting the agency’s fortunes in litigation over the federal Good Neighbor Plan (GNP) even as the Supreme Court seems poised to stay the rule. The decision from the U.S. Court of Appeals for the 10th Circuit, which appears to be the first time a federal appellate court has...

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