The deadline has passed for the EPA to ask federal judges to reconsider a pair of recent decisions that require the agency to rewrite its Cross-State Air Pollution Rule update and a follow-up regulation known as the Close-Out Rule.
The Environmental Protection Agency and other litigants had until Oct. 28 to ask the U.S. Court of Appeals for the District of Columbia Circuit to revisit its rulings, but no party has done so.
Both regulations focus on curbing upwind states’ emissions of ozone-forming pollutants that make it tougher for downwind states to meet federal ozone standards. In September and October ...