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The EPA’s broad discretion under the Clean Air Act (CAA) to select the measures to achieve and maintain air quality was affirmed by a panel of the U.S. Court of Appeals for the D.C. Circuit in a ruling addressing cross-state air pollution.
In a proposal, the EPA indicated that it intends to deny five petitions from the states of Delaware and Maryland, which asked the Agency to find that emissions from power plants in upwind states are significantly contributing to exceedances of the National Ambient Air Quality Standards (NAAQS) for ozone in the two petitioning states.