Environment & Energy Report

Court Weighs Impact of Past Decisions on Power Plant Pollution

Jan. 16, 2020, 7:59 PM

Federal appeals court judges grappled Thursday with the EPA’s insistence that a recent ruling doesn’t apply to the agency’s refusal to tackle upwind sources of ozone-forming pollution drifting into downwind states.

Chief Judge Merrick Garland and Judge Gregory Katsas of the U.S. Court of Appeals for the District of Columbia Circuit repeatedly asked Justice Department attorney Samara Spence to explain how regulators’ reliance on a rule that a recent court decision ordered the Environmental Protection Agency to redo would help Maryland and Delaware meet federal ozone limits.

“How can we trust your judgment”...

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