West Virginia Challenges ‘National Uniformity’ Of Interstate Ozone Plans

West Virginia is urging a federal appellate court to vacate EPA’s disapproval of its plan for mitigating ozone transport, a precursor to its issuance of the multi-state Good Neighbor Plan (GNP), charging in its opening merits brief that officials lack authority to disapprove such plans based on their policy preferences and challenging EPA’s insistence on “national uniformity” in such cases. The state’s suit, State of West Virginia v. EPA, et al. , now pending in the U.S. Court of Appeals...