Posted May 19, 2020 The U.S. Court of Appeals for the District of Columbia Circuit has largely upheld EPA's denial of Clean Air Act petitions filed by Delaware and Maryland seeking direct federal regulation of ozone sources in upwind states, but the judges have remanded part of the decision to the agency and are asking it to better justify its conclusion. The unanimous May 19 per curiam opinion by D.C. Circuit Judges Merrick Garland, Karen Henderson and Gregory Katsas in State of Maryland v. EPA is a significant setback for the two states and other states that are pursuing petitions under air law section 126 in a bid to curb interstate transport of ozone air pollution, and it could potentially boost EPA in other pending lawsuits over section 126 petition denials.And if the agency can adequately explain its reasoning for the remanded portion of the Delaware and Maryland petition denial, which addresses the cost-effectiveness of noncatalytic control emissions reduction technology, the ruling likely offers EPA a guide for making future denials legally defensible.
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