ELR Citation: 54 ELR 20011
No(s). 23-1418 (4th Cir. Jan 10, 2024)

The Fourth Circuit, 2-1, granted West Virginia's motion to stay EPA's disapproval of its SIP addressing "good neighbor" obligations under the revised 2015 air quality standards for ozone. EPA's disapproval found the state would still contribute significantly to nonattainment or interfere with maintenance of the standards in Connecticut and Pennsylvania, in violation of its good neighbor obligations. West Virginia petitioned for review and moved to stay the disapproval pending review, arguing it would be irreparably harmed if it had to proceed now. EPA moved to transfer the petition to the D.C. Circuit or to dismiss it for improper venue. The court found venue was proper because the disapproval was particular to West Virginia's circumstances and applicable only to West Virginia. And it found the state would be irreparably harmed absent a stay because the disapproval would require a response that would consume state labor and resources. It denied EPA's motion to transfer or to dismiss, and granted West Virginia's motion to stay.