Rulings May Fragment Interstate Ozone Litigation, Threatening Federal Policy

EPA, state air regulators and environmentalists are raising concerns over recent rulings finding that challenges to the agency’s disapproval of interstate ozone plans should be heard in regional courts, warning that such fragmentation threatens to undermine federal policy on interstate air pollution, a field they say inherently requires a coherent national approach. “There is a problem with multiple Circuits all reviewing the same Disapproval Rule at the same time in a couple dozen different challenges, as that generates the potential...