States Aim To Revive 2015 Ozone NAAQS Suit, Fearing No Reconsideration

摘要

States opposed to the Obama EPA's 2015 rule tightening the ozone air standard arc asking a federal appeals court to revive currently stayed litigation over the standard, saying the Trump administration appears to have backed off possible plans to reconsider the standard and instead proceed with a regular Clean Air Act-mandated review of the limit. Citing reporting by Inside EPA, a coalition of 10 states tells the U.S. Court of Appeals for the District of Columbia Circuit that because EPA appears to be pushing ahead with a review of the ozone national ambient air quality standard (N AAQS) in lieu of reconsideration, the legal fight over the 2015 limit should resume. The states say that unless the case is revived they "will effectively lose their right to contest an unlawful NAAQS." The states in a May 18 motion ask to end the abeyance for consolidated litigation over the 2015 NAAQS, Murray Energy Corp. v. EPA, which has been on hold while EPA decides whether to reconsider the 2015 rule. Arizona, Arkansas, Kentucky, Louisiana, New Mexico, North Dakota, Oklahoma, Texas, Utah and Wisconsin signed the motion. The motion is available on InsideEPA.com. (Doc. ID: 211977) But Inside EPA reported in March that the Trump administration appears to be backing away from a formal reconsideration to weaken the standard. Instead, EPA air chief William Wehrum is aiming to speed up the next Clean Air Act-mandated NAAQS review as a potential vehicle to weaken the limit, sources said.