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Appeals Court Tosses Out EPA Rule on Ozone-Forming Pollution (1)

Oct. 1, 2019, 10:37 PMUpdated: Oct. 1, 2019, 10:50 PM

A federal appeals court on Oct. 1 tossed out a 2018 EPA rule designed to curb significant transport of ozone-forming pollution across state lines—an action that a legal analyst involved in the case labeled “a significant defeat” for the agency.

The U.S. Circuit of Appeals for the District of Columbia said the 2018 update to the Cross-State Air Pollution Rule—also known as the Close-Out Rule—rested on an interpretation of a Clean Air Act provision that the court has already rejected.

The three judges—Judith W. Rogers, Thomas B. Griffith and Gregory G. Katsas—were referring to the D.C. Circuit’s Sept. ...