Pennsylvania Says EPA Usurped State Role With Its Federal NOx Plan

January 24, 2023
In a dispute with consequences for the Northeast and other states, Pennsylvania is asking a federal appellate court to vacate EPA’s federal implementation plan (FIP) to limit ozone-forming nitrogen oxides (NOx) emissions from power plants, arguing the agency deprived the state of its statutory role as the primary regulator when it issued the plan. In a brief filed Jan. 23 in Keystone-Conemaugh Projects, et al., v. EPA, et al., now pending before the U.S. Court of Appeals for the...

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