Court Upholds States’ Right to Strengthen Air Monitoring

A federal court has thrown out an EPA rule that forbids states from strengthening certain emission-monitoring requirements that fail to assure that facilities comply with the Clean Air Act. The U.S. Court of Appeals for the District of Columbia ruled 2-1 that states have authority to strengthen monitoring requirements, in part because EPA did not remedy the monitoring deficiencies before permits were issued. The ruling is a setback for industry groups, including ACC, which supported EPA’s rule preventing state action. In Sierra Club et al. v. EPA...

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