Environment & Energy Report

EPA Defends Ozone Reversal Accusations by Touting Deference

Nov. 6, 2019, 8:56 PM

The EPA is entitled to a high level of deference from the courts when it comes to its experts’ technical conclusions, Justice Department attorneys said at a Nov. 6 hearing on a lawsuit over federal ozone pollution standards.

The U.S. Court of Appeals for the District of Columbia Circuit is addressing the legal question of whether the Environmental Protection Agency adhered to its own scientific and technical record when it determined that a slew of counties nationwide had attained the agency’s 2015 ozone pollution standard of 70 parts per billion.

Environmental groups have accused the agency of reversing its position...

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