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New Jersey v. Wheeler

ELR Citation: 50 ELR 20179
Nos. 20-cv-1425 (JGK), (S.D.N.Y., 07/28/2020) (Koeltl, J.)

A district court granted states' motion for summary judgment in a lawsuit concerning EPA's duty to limit air pollution drifting from upwind states into northeastern states. Connecticut, Delaware, Massachusetts, New Jersey, and New York argued that EPA failed to fulfill a nondiscretionary duty under the CAA to promulgate federal implementation plans (FIPs) for the 2008 ozone NAAQS that fully addressed the Act's "good neighbor" requirements with respect to sources of ozone pollution in Illinois, Indiana, Michigan, Ohio, Pennsylvania, Virginia, and West Virginia. The court found EPA had not fully performed its nondiscretionary duty to promulgate FIPs that fully discharged the good neighbor obligations for the upwind states, and therefore granted summary judgment to the northeastern states.