Sierra Club Resists EPA Defense In First Test Of Exceptional Events Policy

The Sierra Club is opposing EPA efforts to defend its use of its exceptional events policy to allow Detroit to exclude high ozone levels and find the city had met air quality standards, arguing in the first-time suit that the action was “irrational” because the agency did not demonstrate the excess emissions were from remote wildfires and that the redesignation was arbitrary and capricious because it was not based on data in the record. EPA and its industry supporters “misread...