Four AGs Filed Amicus Brief in Cross-State Air Pollution Case

New York Attorney General Letitia James led a coalition of four states and the City of New York in filing an amicus brief in the case Midwest Ozone Group (MOG) v. EPA, et al., in which a group of electric utilities are challenging the Environmental Protection Agency’s (EPA) Cross-State Air Pollution Rule (CSAPR). This rule uses emissions trading programs to limit certain ozone- and particulate matter-causing emissions in “upwind” states to protect air quality in “downwind” states. In the brief, the coalition rejected the utilities’ arguments that the rule is unwarranted and that EPA set unreasonable deadlines. The AGs urged the U.S. Court of Appeals for the D.C. Circuit to uphold the rule. A group of environmental organizations also filed an amicus brief.