Pennsylvania Lawsuit Tests EPA Power To Set ‘Reasonable’ Ozone Controls

A new lawsuit filed by a Pennsylvania power plant operator will further test EPA’s direct imposition of controls to curb ozone-forming emissions from sources in the state -- part of a wider battle over limiting regional emissions -- while also testing EPA’s general discretion in deciding what controls are “reasonably available.” In its suit filed Oct. 27 in the U.S. Court of Appeals for the 3rd Circuit, Keystone-Conemaugh Projects LLC (Key-Con), operator of two power plants in the state, challenges...