Three AGs Defended EPA’s Finalization of Air Pollution Plan in Pennsylvania

Maryland Attorney General Anthony G. Brown led three attorneys general in filing an amicus brief defending the Environmental Protection Agency’s (EPA) authority to issue a federal plan for limiting air pollution in Pennsylvania. The lawsuit, brought by Keystone-Conemaugh Projects, alleged that EPA could not finalize the federal plan because Pennsylvania’s Clean Air Act implementation plan was still pending before the agency. The AGs argued that, according to the Clean Air Act and precedent set in Sierra Club v. EPA, the agency had not only the authority, but also the obligation to finalize the federal plan for Pennsylvania.

• Documents: Amicus Brief
• Document Type: Briefs
• States: Delaware Maryland New York
• Issues: Clean Air & Climate Clean Air Act Climate Cross-Cutting & Administrative Fossil Fuels Greenhouse Gas Emissions Public Health
• Era: Biden Administration
• Outcome: Pending
• Action Type: Litigation