EPA Ordered by D.C. Circuit to Redo Upwind State Ozone Rule (3)

The EPA will have to rework its rule to ensure that upwind states reduce air pollution so that their downwind neighbors can meet federal ozone standards, the D.C. Circuit said Sept. 13.

The U.S. Court of Appeals for the District of Columbia Circuit, however, stopped short of vacating the 2016 update to the Cross-State Air Pollution Rule, a nitrogen oxides emissions trading program designed to help 22 Eastern states meet federal ozone limits.

Tossing out the updated regulation would be inappropriate as it would disrupt the trading regime already in effect among utilities to reduce nitrogen oxides, ...