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Judges Wrestle With Deference, Remedy In Ozone NAAQS Designations Suit

November 06, 2019
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit at Nov. 6 oral argument wrestled with how much deference to give EPA for its findings stemming from its attainment designations for the 2015 ozone air standard and what remedy the court could provide if it invalidated any of the designations. The panel of Judges David Tatel, Thomas Griffith and Nina Pillard that heard the case, Clean Wisconsin v. EPA, et al. , did not...

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