Wisconsin v. EPA, No. 16-1406 (D.C. Cir. 2019)Annotate this Case
Petitioners challenged the EPA's rule implementing the "Good Neighbor Provision," which requires upwind states to eliminate their significant contributions to air quality problems in downwind States, by promulgating a regulation addressing the interstate transport of ozone, or smog.
The DC Circuit held that the rule was inconsistent with the Clean Air Act, because it allows upwind States to continue their significant contributions to downwind air quality problems beyond the statutory deadlines by which downwind States must demonstrate their attainment of air quality standards. The court held that EPA acted lawfully and rationally in all other respects. Accordingly, the petitions for review were granted in part and denied in part.