"Now that it has scrapped a plan to further tighten the smog limits set by U.S. EPA under President George W. Bush, the Obama administration has told a federal court that it has no problem with reopening the litigation over that standard in court."
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The rules, which were finalized in 2008, face lawsuits from both flanks.
States and public health groups sued EPA over the ground-level ozone standard of 75 parts per billion, planning to argue that it wasn't as strong as science advisers said was needed to protect people. And several industries that release smog-forming emissions -- among them, groups representing homebuilders and power companies -- sued to make the case that the plan was too costly.
Both sets of groups should be told to make their opening arguments 60 days after the court decides to resume the court case, attorneys from the Justice Department said in a filing late yesterday with the U.S. Court of Appeals for the District of Columbia Circuit."
Gabriel Nelson reports for Greenwire September 13, 2011.
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