Judges Wrestle With EPA Definition Of ‘Significant’ Interstate Air Pollution

Federal appellate judges are wrestling with competing assertions by EPA and states over their respective powers to define a “significant contribution” by one state to others’ problems attaining national air quality limits -- an issue that could determine whether states are subject to EPA’s Good Neighbor plan for curbing interstate ozone emissions. During Dec. 4 oral argument in State of Texas, et al. v. EPA , a three-judge panel of the U.S. Court of Appeals for the 5th Circuit weighed...