Federal appeals court stays rejection of Environmental Protection Agency’s Arkansas ozone pollution plan

Federal appeals court stays rejection of Environmental Protection Agency’s Arkansas ozone pollution plan

A federal appeals court on Thursday halted Arkansas’ Environmental Protection Agency refusal to comply with federal rules designed to ensure that the state’s coal-fired power plants and industrial sites pollute the air in other states. do not pollute.

The 8th US Circuit Court of Appeals stayed the EPA’s decision in a one-page order without detail. In February, Arkansas sued the EPA, rejecting the state’s plan to meet “good neighbor” obligations under the Clean Air Act.

The EPA rejected plans from Arkansas and 18 other states.

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Republican Attorney General Tim Griffin said in a statement, “The court’s order halts the Biden administration’s disapproval, preventing the administration from implementing a one-size-fits-all federal implementation plan (FIP) that would eliminate Arkansas jobs.” Will do and put our power grid at risk.”

The EPA has rejected Arkansas’ plan to comply with federal rules designed to prevent pollution from power plants and industrial sites from spreading to other states.

The 2015 EPA rule prevents states from adding to ozone pollution outside their borders. Last year the agency announced its plan to limit air pollution from power plants. In cases where a state has not submitted a “good neighbor” proposal — or in cases where the EPA rejects one — a federal plan to protect downstream states would take effect.

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The EPA did not immediately respond to an email requesting comment Thursday afternoon. The agency had asked the court not to stay its rejection of Arkansas’ plan.

Griffin said when Arkansas filed its lawsuit that the EPA rejected Arkansas’ proposal based on the impact of its emissions on the Dallas-Fort Worth and Houston metropolitan areas. This was a different standard than what the state had originally stated, he said.

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“Depriving EPA of authority to address harmful emissions from Arkansas sources while this litigation threatens to harm the health and well-being of millions of people living in areas affected by pollution from Arkansas,” EPA lawyers said in a filing last month. Will deliver.”


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