Maryland AG Filed Petition for Review of EPA’s Refusal to Regulate NOx Emissions from Neighboring States

Maryland Attorney General Brian Frosh filed a lawsuit against the Environmental Protection Agency (EPA) over the agency’s refusal to require power plants in neighboring states to reduce nitrogen oxide (NOx) emissions. Maryland initially petitioned the EPA in November 2016 to regulate nitrogen oxide emissions in nearby states under the Clean Air Act. The petition noted that out-of-state nitrogen oxide is a precursor to the dangerous levels of ozone that plague the state in the hot summer months. In June 2018, a federal judge ordered the EPA to issue a final decision on the petition. AG Frosh’s lawsuit challenged the EPA’s September 2018 decision to deny the petition.