EPA Grilled Over Denial of N.Y.'s Petition to Limit Smog Drift

The Environmental Protection Agency faced repeated questioning from the U.S. Court of Appeals for the D.C. Circuit over its decision to reject New York’s petition under the Clean Air Act for the agency to determine that about 350 industrial sources from nine states are contributing to downwind air pollution.

The panel of judges spent the majority of Thursday’s virtual oral arguments asking attorneys for both sides what New York would have to do in order to have the petition granted, and whether the agency had clearly explained it.

The agency said it denied the petition because it was “materially deficient.” ...