Judges Mull Citizens’ Right To Intervene In EPA Emergency Air Actions

Federal appellate judges for the first time are weighing citizens’ rights to intervene in EPA enforcement actions brought under the rarely used Clean Air Act section 303 emergency powers, as local residents seek to overturn a district court’s order denying their bid to intervene in proceedings regarding an action against a South Carolina paper mill. A three-judge panel of the U.S. Court of Appeals for the 4th Circuit heard oral argument on the novel issue Jan. 25 in Enrique Lizano...