ELR Citation: 53 ELR 20037
No(s). 21-1146 (D.C. Cir. Mar 3, 2023)

The D.C Circuit denied an industry group's challenge to EPA's 2021 rule requiring power plants in several upwind states to reduce nitrogen oxide emissions. The group argued the rule was arbitrary and capricious, and that EPA failed to conduct a legally and technically appropriate assessment as required by the CAA's good neighbor provision. The court found EPA chose analytical techniques that were rationally connected to the rule and appropriately explained its use of linear interpolation and subsequent methods for establishing the rule. It held the rule was an appropriate exercise of the Agency's authority under the good neighbor provision and denied the petition for review.