States Seek to Drag High Court Into Another Traveling Ozone Spat

April 2, 2024, 6:52 PM UTC

Republican-led states continued their extended courtroom battle against the EPA’s traveling ozone rules, filing a new Supreme Court petition and opening briefs in a circuit battle this week.

Industry groups and states urged justices on March 28 to keep the myriad suits against the Environmental Protection Agency’s “Good Neighbor” rule in the US Court of Appeals for the Tenth Circuit, where a panel deviated from other circuits that have largely frozen parts of the rule while lengthy litigation proceeds all over the country.

“The Tenth Circuit explicitly rejected the reasoning of its sister circuits, while relying upon the dissenting opinions ...

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