EPA Fights to Defend Disapproval of Kentucky State Ozone Plan

Judges pressed the EPA in arguments on Wednesday over whether the agency’s methods of weighing a Kentucky air plan were fair enough to justify denying the state program.

The state of Kentucky and the Environmental Protection Agency faced an active panel at the US Court of Appeals for the Sixth Circuit to make their respective cases on whether the agency got it wrong to turn down a state air plan as part of new traveling ozone rules.

The bulk of judges’ questions for Kentucky—represented by Matthew Kuhn of the state attorney general’s office—focused on venue: whether the Sixth Circuit or ...