Interstate Air Ruling May Signal High Hurdle For New York’s Ozone Lawsuit

May 21, 2020
A recent appellate ruling largely upholding EPA’s rejection of a petition by Maryland and Delaware seeking direct federal regulation of emissions from sources in upwind states may set a high hurdle for New York in a similar suit -- and more broadly for East Coast states that are relying on the agency’s help to reduce interstate ozone transport. In its unanimous per curiam ruling May 19 in State of Maryland v. EPA , a three-judge panel of the U.S. Court...

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