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Biden Administration Air Pollution Drift Rule Update Draws Suit

June 28, 2021, 8:50 PM

The EPA faces a new challenge in the D.C. Circuit to its updated rule governing air pollution that drifts across state lines and prevents downwind states from meeting national air quality standards.

The Revised Cross-State Air Pollution Update Rule for the 2008 Ozone National Ambient Air Quality Standards, or NAAQS, was issued by the Environmental Protection Agency in April. The rule will protect public health by limiting emissions in upwind states that contribute to non-attainment of the 2008 ozone NAAQS, the agency says.

The rule found that 12 states, including New York, New Jersey, and Maryland, need to reduce nitrogen ...