No ‘Carte Blanche’ at EPA on Downwind Air Pollution, Lawyers Say

The EPA won’t have unlimited leeway to rewrite a rule to tackle upwind sources of air pollution as it responds to a lower court ruling, despite the discretion the U.S. Supreme Court gave the agency six years ago, attorneys say.

The Environmental Protection Agency last week submitted for review a proposed rewrite of the Cross-State Air Pollution Rule to the White House Office of Management and Budget, with the goal of issuing a final rewrite by March 15. The air pollution rule updates a trading program for nitrogen oxides emissions designed to help 22 Eastern states meet federal ozone limits. ...