EPA Good Neighbor Lawsuit Paused in DC While Circuits Deliberate

The Environmental Protection Agency cannot defend its interstate pollution rules in its preferred legal venue until other US circuits finish proceedings in similar cases, according to an order issued on Tuesday.

The US Court of Appeals for the District of Columbia Circuit will hold Utah v. EPA and other consolidated cases in abeyance until judges from either the Ninth or Tenth Circuits issue rulings for interstate pollution cases on their dockets.

The EPA finalized its two-pronged good neighbor rule in March, first recalling multiple State Implementation Plans and then issuing its own federal plan to address cross-state ozone pollution.

The ...