North Carolina Lacks Standing to Sue EPA Over Georgia Emissions, Appeals Court Rules

摘要

North Carolina lacks standing to sue the Environmental Protection Agency for failing to require parts of Georgia to control emissions that contribute to ozone formation, a federal appeals court ruled Nov. 24 (North Carolina v. EPA, D.C. Cir., No. 08-1225, 11/24/09).rnNorth Carolina failed to demonstrate a harm that could be redressed, according to the opinion written by Judge Judith Rogers of the U.S. Court of Appeals for the District of Columbia Circuit.rnEPA removed the northern portions of Georgia from the requirement to reduce emissions of nitrogen oxides as part of the NOx SIP Call in April 2008 (73 Fed. Reg. 21,528; 39 ER 789, 4/25/08).rnNorth Carolina sued EPA in June 2008, alleging that nitrogen oxides emissions from Georgia contributed to North Carolina's inability to attain the ozone national ambient air quality standards (NAAQS).