The Environmental Protection Agency failed to explain the “convoluted” and “seemingly unworkable” demands it expected from New York when it denied the state’s petition to act on pollution coming from nine upwind states, the D.C. Circuit said Tuesday.
New York state, New Jersey, and New York City petitioned the agency under the Clean Air Act’s “good neighbor” provision to impose emissions limits on 350 industrial sources of pollution, but the agency said the petition was “materially deficient.”
The EPA said the states failed to include the type or location of the sources, their existing controls or requirements, and the cost ...
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