DC Circuit dismisses utility-backed challenge to EPA cross-state ozone rule

Read the full story at Utility Dive.

A federal appeals court on Friday dismissed a lawsuit brought by a utility-supported organization that sought to overturn the Environmental Protection Agency’s revised 2021 Cross-State Air Pollution Update Rule for ozone.

The U.S. Court of Appeals for the District of Columbia Circuit rejected arguments by the Midwest Ozone Group that the EPA failed to appropriately assess how pollution from upwind sources, such as coal-fired power plants, would affect ozone levels in downwind states.

The EPA used a four-step method to evaluate obligations under the Clean Air Act’s Good Neighbor Provision, which requires upwind states to limit their emissions if they prevent downwind states from meeting air quality standards, according to the decision.

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