In Precedent, 3rd Circuit Rejects Pennsylvania Challenge To EPA’s FIP Power

The U.S. Court of Appeals for the 3rd Circuit has rejected challenges by Pennsylvania and operators of coal-fired power plants to EPA’s federal ozone plan imposing emissions controls on plants in the state, in a precedential decision that upholds EPA’s right to impose a federal plan even where a state has modified its own plan to address shortcomings. In its unanimous ruling May 2 in Keystone-Conemaugh Projects LLC v. EPA , a three-judge panel upholds EPA’s federal implementation plan (FIP)...