Kansas Thumbed Its Nose at EPA’s SIP Requirements — How’d That Work Out?

Foley Hoag LLP - Environmental Law
Contact

The D.C. Circuit Court of Appeals today rejected Kansas’s challenge to EPA’s disapproval of Kansas’s SIP revisions intended to comply with the Interstate Transport Rule.  The Court found that EPA was not arbitrary or capricious in rejecting Kansas’s SIP, noting that:

The discussion of interstate transport in Kansas’s SIP was only one page long and failed to provide any analysis at all of the downwind effect of its in-state emissions.

Generally speaking, it’s just not wise for a state simply to thumb its nose at EPA.  I realize that the legal issues related to EPA’s greenhouse gas rule are much more substantial, but assuming EPA does promulgate a final GHG rule, and if that rule survives legal challenge, I don’t suggest that states embark on a course of nullification.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Foley Hoag LLP - Environmental Law

Written by:

Foley Hoag LLP - Environmental Law
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Foley Hoag LLP - Environmental Law 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