Terrel L. Shields
Elite Member
- Joined
- May 2, 2002
- Professional Status
- Certified General Appraiser
- State
- Arkansas
(The Center Square) – A federal appeals court ruled in Kentucky’s favor, saying the U.S. Environmental Protection Agency did not abide by established law in reviewing and rejecting the state’s plan to comply with Clean Air Act standards.
In the 41-page opinion, a three-judge panel from the Sixth Circuit Court of Appeals ruled the federal agency unfairly denied Kentucky’s plan for meeting the “Good Neighbor Provision” of the Clean Air Act by taking too long to rule on the state’s proposal and using different criteria in rejecting the plan than it initially provided to the state.
According to a release from Kentucky Attorney General Russell Coleman, the Sixth Circuit’s action is the first final ruling among the federal courts, as several states have filed similar suits against the EPA.
Kentucky submitted its plan in January 2019, saying that based on the criteria given, the state determined it did not need to further reduce ozone emissions to comply with the good neighbor standard using modeling from 2011 as instructed by federal officials. By law, the EPA had until July 2020 to rule but instead waited until February 2022 to issue its draft rule opposing the state’s plan, and officials used modeling from 2016 as their reason.
In the 41-page opinion, a three-judge panel from the Sixth Circuit Court of Appeals ruled the federal agency unfairly denied Kentucky’s plan for meeting the “Good Neighbor Provision” of the Clean Air Act by taking too long to rule on the state’s proposal and using different criteria in rejecting the plan than it initially provided to the state.
According to a release from Kentucky Attorney General Russell Coleman, the Sixth Circuit’s action is the first final ruling among the federal courts, as several states have filed similar suits against the EPA.
Kentucky submitted its plan in January 2019, saying that based on the criteria given, the state determined it did not need to further reduce ozone emissions to comply with the good neighbor standard using modeling from 2011 as instructed by federal officials. By law, the EPA had until July 2020 to rule but instead waited until February 2022 to issue its draft rule opposing the state’s plan, and officials used modeling from 2016 as their reason.