Clean Air Act: Maryland Attorney General Federal District Lawsuit Alleging U.S. Environmental Protection Agency Failure to Act on Section 126 Petition

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

Download PDF

Maryland Attorney General Brian E. Frosh (“AG”) filed a Complaint in the United States District Court for the District of Maryland alleging a violation of the Clean Air Act by the United States Environmental Protection Agency (“EPA”).

The Maryland AG alleges that EPA has failed to act on a Section 126 petition previously filed that requested a federal agency finding in regards to emissions from power plants located in Indiana, Kentucky, Ohio, Pennsylvania and West Virginia.

The referenced states are described as being upwind of Maryland and impeding the state’s effort to attain and maintain certain federal Clean Air Act National Ambient Air Quality Standards. The petition asks that EPA require that the upwind states implement certain air pollution controls. The air pollutants cited in the petition emitted by the power plants are nitrogen oxides.

The Maryland AG’s Complaint alleges that EPA issued a six-month extension to the original 60-day deadline to respond to the 126 petition. It further alleges that the extended deadline has now expired without action by EPA.

A copy of the press release and complaint can be downloaded here.

Written by:

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

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

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.