NY, Other States to Argue EPA Fails to Enforce Pollution ‘Drift’

New York, New Jersey, and New York City are set to argue Thursday that the Environmental Protection Agency wrongfully denied the states’ petition to act on pollution coming from nine upwind states in a virtual oral argument before the U.S. Court of Appeals for the District of Columbia Circuit.

The argument focuses on New York’s petition under the Clean Air Act’s “good neighbor” provision to impose emission limits on 350 industrial sources of nitrogen oxides, about half of which are coal-fired power plants. The provision requires states to remove emissions that are significantly affecting air quality in a downwind state. ...