Interstate Transport/Ozone: Eighth Circuit Court of Appeals Grants Arkansas's Motion to Stay the U.S. Environmental Protection Agency Disapproval of Arkansas's State Implementation Plan

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Court of Appeals, Eighth Circuit (“Eighth Circuit”) issued an order on May 25th granting the State of Arkansas’s Motion to Stay the United States Environmental Protection Agency’s (“EPA”) Arkansas State Implementation Plan (“SIP”).

EPA had issued a rule disapproving Arkansas’s, and a number of other states’, SIPs regarding interstate transport for the 2015 8-hour National Ambient Air Quality Standards.

Attorney General Tim Griffin subsequently filed a Petition before the Eighth Circuit challenging EPA’s disapproval of Arkansas’s SIP. Further, a request to stay the EPA SIP disapproval was requested.

The May 25th Eighth Circuit Order also denied an EPA request that the Court reconsider its prior decision denying transfer of the matter to the District of Columbia Circuit Court of Appeals.

A copy of the Order can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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